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Usury Act, 1968 (Act No. 73 of 1968)

13. Powers of inspection

 

 

Referenced by:

 

1)
a) If the Registrar deems it necessary for the achievement of the objects of this Act, he may inspect or cause to be inspected the activities or any part of the activities of a moneylender, credit grantor or lessor.
b) The Registrar may for the purposes of this section from time to time appoint persons as inspectors to carry out an inspection contemplated in paragraph (a) or to assist him or her with such an inspection.

 

2) [Deleted by the Usury Amendment Act, No 10 of 2003]

 

3) [Deleted by the Usury Amendment Act, No 10 of 2003]

 

4) The Registrar shall issue to every person appointed under subsection (1) a certificate to the effect that the person has been so appointed and in the exercise of his or her powers and the performance of his or her duties that person shall on demand produce such certificate.

 

5) The Registrar or inspector who carries out an inspection in terms of this section, may--
a) at any time reasonable for the proper performance of his duty and without prior notice enter upon, enter, inspect or search any premises and make such enquiries as he may deem necessary;
b) examine or make copies of or make extracts from any book, statement or other document found upon the premises and which he on reasonable grounds suspects to relate to any type of financing relevant for the purposes of the inspection;
c) seize any book, statement or other document or commodity which in his opinion may afford evidence of any alleged contravention of this Act, and retain such book, statement, document or commodity until any legal or other proceedings in terms of this Act have been concluded or until it has been decided not to proceed with any contemplated proceedings;
d) while he is on the premises request any person found on the premises to immediately or at a time and place determined by the Registrar or inspector--
i) furnish such explanation to him as he may require in respect of any entry in any book, statement or other document referred to in paragraph (b);
ii) furnish such information to him in respect of a commodity found on the premises as he may require.

 

6) Any person who--
a) obstructs or hinders the Registrar or an inspector in the exercise of his powers or the performance of his duties under this section;
b) refuses or fails to furnish the Registrar or an inspector with any explanation or information or furnishes an explanation or information knowing it to be false or misleading; or
c) falsely represents himself to be an inspector,

shall be guilty of an offence.