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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 2 : Consumer Credit Institutions

Part A : National Credit Regulator

25. Appointment of inspectors and investigators

 

(1) The Chief Executive Officer or any employee duly authorised by the Chief Executive Officer—

[Words preceding subsection (1)(a) substituted by section 5 of Act No. 19 of 2014]

(a) may appoint any suitable employee of the National Credit Regulator, or any other suitable person employed by the State, as an inspector; and
(b) must issue each inspector with a certificate in the prescribed form stating that the person has been appointed as an inspector in terms of this Act.

 

(2) When an inspector performs any function in terms of section 139 or Chapter 8, the inspector must—
(a) be in possession of a certificate of appointment issued to that inspector in terms of subsection (1); and
(b) show that certificate to any person who—
(i) is affected by the inspector’s actions in terms of this Act; and
(ii) requests to see the certificate.

 

(3) When exercising powers in terms of this Act, an inspector is a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and may exercise the powers conferred on a peace officer by law.

 

(4) The Chief Executive Officer may appoint or contract with any suitably qualified person to conduct research, audits, inquiries or other investigations on behalf of the National Credit Regulator.

 

(5) A person appointed in terms of subsection (4) is not an inspector within the meaning of this Act.