Special Investigating Units and Special Tribunals Act, 1996
R 385
Companies Act, 2008 (Act No. 71 of 2008)Chapter 7 : Remedies and EnforcementPart D : Complaints to Commission or Panel174. Referral of complaints to court |
| (1) | If the Commission or Panel, as the case may be, issues a notice of non-referral in response to a complaint, the complainant concerned may apply to a court for leave to refer the matter directly to the court, but no such complaint may be referred directly to a court in respect of a person who has been excused as a respondent, as contemplated in section 170(1)(a). |
| (2) | A court— |
| (a) | may grant leave contemplated in subsection (1) only if it appears that the applicant has no other remedy available in terms of this Act; and |
| (b) | if it grants leave, and after conducting a hearing, determines that the respondent has contravened the Act, may— |
| (i) | require the Commission or Executive Director, as the case may be, to issue a compliance notice sufficient to address that contravention; or |
| (ii) | make any other order contemplated in this Act that is just and reasonable in the circumstances. |
