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Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 9 : Information Gathering, Supervisory On-Site Inspections and Investigations

Part 4 : Investigations

134. Investigators

 

(1) A financial sector regulator may, in writing, appoint a person as an investigator and may appoint any person to assist the investigator in carrying out an investigation.

 

(1A) The Reserve Bank may, in writing, appoint a person as an investigator to conduct an investigation into the business, trade, dealings, affairs or assets and liabilities—
(b) if the appointment so provides, of one or more companies in the group of companies of which the designated institution is part,

before the designated institution was placed in resolution, and may appoint any person to assist the investigator in carrying out the investigation.

[Section 134(1A) inserted by section 49(a) of the Financial Sector Laws Amendment Act, 2021 (Act No. 23 of 2021), Notice No. 789, GG45825, dated 28 January 2022- effective 1 June 2023 per (b)(i) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]

 

(2) A person appointed as an investigator must—
(a) not be a disqualified person;
(b) not have any conflict of interest in respect of the subject matter of the investigation; and
(c) have appropriate skills and expertise.

 

(3)

(a) The financial sector regulator must issue an investigator appointed in terms of subsection (1) with a certificate of appointment.
(b) The Reserve Bank must issue an investigator appointed in terms of subsection (1A) with a certificate of appointment.
(c) When an investigator exercises any power or performs any duty in terms of this Act, the investigator must—
(i) be in possession of a certificate of appointment; and
(ii) produce the certificate of appointment at the request of any person in respect of whom such power is being exercised.

[Section 134(3) substituted by section 49(b) of the Financial Sector Laws Amendment Act, 2021 (Act No. 23 of 2021), Notice No. 789, GG45825, dated 28 January 2022- effective 1 June 2023 per (b)(i) of Commencement Notice No. 3202, GG48294, dated 24 March 2023]