(i) refuses or fails without sufficient cause to attend and give evidence relevant to the inquiry at the time and place stated in the summons; or (ii) refuses to be sworn when the chairperson wishes to administer an oath to him or her; or (iii) refuses or fails without sufficient cause to produce any book, record, document or thing which he or she has been required in the summons to produce; or (b) attends as a witness before the Council and refuses to answer or to answer fully and satisfactorily to the best of his or her knowledge and belief any question lawfully put to him or her; shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (4) Any person who at an inquiry held by the Council gives false evidence on oath, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable to a fine of level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (5) For the purpose of conducting an inquiry in terms of this Part, the Council shall have the same powers, rights, and privileges as are conferred upon a Commissioner by the Commissions of Inquiry Act [ Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and 15 to 18 of that Act shall apply, with such changes as may be necessary, in relation to any hearing and determination of any matter before the Council under this Part and to any person summoned to give or giving evidence before the Council. [Section inserted by section 4 of Act 20 of 2007] 42D Powers of Council (1) If after due inquiry the Council decides that journalist or mass media service has committed a breach of the code, the Council shall make a recommendation to the Commission to do one or more of the fol lowing, as may be provided for under the code— (a) in the case of an accredited journalist— (i) cautioning the journalist; or (ii) ordering him or her to pay a monetary penalty of a prescribed amount; or (iii) suspending for a specified period not exceeding three months the accreditation of the journalist; or (iv) imposing such conditions as it deems fit subject to which he or she shall be allowed to practice; or (v) deleting his or her name from the roll of journalists; or (vi) where an injurious allegation was made or broadcast by the journalist, ordering any of the things referred to in paragraph (d); (vii) referring the matter to prosecution; (b) in the case of any journalist who is not accredited— (i) cautioning the journalist; or (ii) ordering him or her to pay a monetary penalty of a prescribed amount; or (iii) suspending the journalist from practising as such for a specified period not exceeding three months; or (iv) imposing such conditions as it deems fit subject to which he or she shall be allowed to practise as a journalist; or (v) where an injurious allegation was made or broadcast by the journalist, ordering any of the things referred to in paragraph (d); (vi) referring the matter to prosecution; (c) in the case of a mass media service— (i) cautioning the mass media service; or (ii) ordering it to pay a monetary penalty of a prescribed amount; or (iii) suspending for a specified period not exceeding three months the registration certificate of the mass media service; or (iv) imposing such conditions as it deems fit on the breach of which the mass media service may become liable for any other penalty in terms of this paragraph; or (v) which has breached the code more than once, cancelling the registration certificate of a mass media service; or (vi) where an injurious allegation was made or broadcast by the mass media service, ordering any of the things referred to in paragraph (d); (vii) referring the matter to prosecution; (d) where the Council finds that an injurious allegation was made or broadcast by any journalist or mass media service—