| (1) |
Subject to the laws governing the public service, the Director may, with the approval of the Secretary, appoint inspectors who may generally or in a particular case investigate the affairs or any part of the affairs of any organization which or person who he has reason to suspect, is collecting contributions from the public. |
| (2) |
If the Director deems it necessary, he may, with the approval of the Secretary, and subject to such conditions as the Minister may from time to time and in consultation with the Minister of Finance determine, appoint any person who is not in the full-time employment of the State as an inspector in any particular case or may so appoint such person to assist an inspector appointed in terms of subsection (1) with an investigation referred to in that subsection. |
| (3) |
Any person appointed in terms of subsection (2) shall, for the purpose of the investigation for which he has been appointed, have all the powers and all the duties of an inspector referred to in subsection (1). |
(4)
| (a) |
Any person appointed as an inspector in terms of subsection (1) or (2) shall be furnished with a certificate of appointment signed by the Director and stating that he has been appointed as an inspector in terms of this section. |
| (b) |
An inspector shall, on request, produce for inspection the certificate of appointment furnished to him in terms of paragraph (a). |
| (a) |
if he has reason to believe that any organization or person has contravened a provision of this Act; |
| (b) |
if he deems it necessary in order to determine whether any organization or person is complying with or is subject to the provisions of this Act; |
| (c) |
if he has reason to believe that any irregularity or undesirable practice has occurred in connection with the collection or disposal of contributions by any organization or person; or |
| (d) |
if requested thereto by any person and if he is satisfied on the ground of facts declared under oath that an inspection of the affairs of any organization which or person who is collecting or allegedly collecting contributions, is necessary or desirable, at any time with the approval of the Minister inspect or cause the affairs of such organization or person to be inspected, or may inspect or cause to be inspected the affairs of any other organization or person connected with the collection or disbursement of contributions by or for or on behalf of the first-mentioned organization or person. |
| (6) |
The Director or an inspector who carries out an inspection of the affairs of an organization or person in terms of this section— |
| (a) |
may at any time with the approval of the Minister and without prior notice enter any premises of the said organization or person and, without a warrant, search such premises for money, securities, records, accounts or documents and demand the delivery to him of any or all of the securities, records, accounts or documents of such organization or person; |
| (b) |
may examine any or all of such securities, records, accounts or documents and make or cause to be made extracts therefrom or copies thereof or, after he has issued a receipt therefor, remove from the premises of the said organization or person such securities, records, accounts or documents for examination by him or for the making of any extract therefrom or copy thereof, or may seize them if, in his opinion, they may provide proof of the commission of any offence or irregularity; |
[Subsection (6)(b) substituted by section 6 of Act No. 41 of 1980]
| (c) |
may demand from the said organization or person any such explanations of any entry in the said records, accounts or documents as he may deem necessary; |
| (d) |
may interrogate under oath or affirmation any person who is a member of the said organization or of its management or any person who is or was an employee, an auditor, an accountant or a representative of the said organization or person in regard to its affairs and activities in so far as they are connected with the collection and disbursement of contributions, and may for the purpose of such interrogation administer the oath to or accept an affirmation from such person. |
| (7) |
Any person who is interrogated in terms of subsection (6)(d) shall be entitled to have his legal representative present at the interrogation. |
| (8) |
Any person requested thereto in terms of subsection (6)(a), shall forthwith deliver to the Director or inspector any security, record, account or document referred to in that subsection which is in his possession or under his control or to which he has access and shall at the request of the Director or inspector furnish the Director or inspector with the information relating to the affairs or activities, securities, records, accounts or documents of the said organization or person at his disposal. |
| (9) |
Any organization or person or his lawful representative shall have the right, during office hours and subject to such supervision as the Director or an inspector may determine, to examine and make entries in or extracts from any of the securities, records, accounts or documents which have been seized in terms of subsection (6)(b). |
(10)
| (a) |
The Director or any inspector carrying out an inspection under this section, shall make a full report on the inspection, and a report made by an inspector shall be submitted to the Director. |
| (b) |
The Director shall forward to the organization or person concerned a copy of any report referred to in paragraph (a). |
| (11) |
Any person carrying out or assisting with an inspection under this section, shall preserve or assist in preserving secrecy in respect of all matters that may come to his knowledge in the performance of his duties, and shall not communicate any such matter to any person other than the Director or the board which has granted a special authority to the authorized organization concerned or to the organization or person concerned or his authorized representative, except by an order of a court of law. |
| (12) |
Notwithstanding anything to the contrary in subsection (11) contained, any information acquired by the Director in the course of an inspection under this section may be used by the Director and his staff or the board concerned in the performance of their duties in terms of this Act. |
| (13) |
If the Director is satisfied that any person at whose request an inspection has been made in terms of subsection (5)(d), had no sufficient reason for the request, he may recover from such person the costs of such inspection or such part of the costs of such inspection as he may determine. |
Older Persons Act, 2006
