Housing Development Agency Act, 2008
R 385
Co-operatives Act, 2005 (Act No. 14 of 2005)Chapter 7 : Audited Reports and Independent Reviewed Reports of Co-operatives53. Right to information |
| (1) | At the request of the auditor or independent reviewer the members, directors, employees, agents or mandatories of a co-operative must provide any information, explanations, and access to any documents of the co-operative or where the co-operative is a secondary, tertiary or the national apex co-operative, any of its members that are, in the opinion of the auditor, necessary for the purposes of the audit or in the independent reviewer’s opinion, necessary for the purposes of the independent review. |
[Section 53(1) substituted by section 41(a) of Notice No. 558, GG 36729, dated 5 August 2013]
| (2) | At the request of the auditor or independent reviewer, the directors must obtain from any present or former directors, employees, agents or mandatories of the co-operative the information and explanations that such persons are reasonably able to provide and that are, in the auditor’s opinion, necessary for the purposes of the audit, or in the independent reviewer’s opinion necessary for the purposes of the independent review. |
[Section 53(2) substituted by section 41(a) of Notice No. 558, GG 36729, dated 5 August 2013]
| (3) | The auditor or an independent reviewer has the right of access at all times to all accounting records, books and documents of the co-operative, and is entitled to require from the members, directors, employees, agents or mandatories of the co-operative any information and explanations necessary for the performance of the auditor’s or independent reviewer’s duties. |
[Section 53(3) inserted by section 41(b) of Notice No. 558, GG 36729, dated 5 August 2013]
| (4) | A co-operative, member, director, employee, agent or mandatory who fails to comply with subsections (1) or (2) is guilty of an offence. |
[Section 53(4) inserted by section 41(b) of Notice No. 558, GG 36729, dated 5 August 2013]
| (5) | A member, director, employee, agent or mandatory of the co-operative who fails to comply with subsection (3) is guilty of an offence. |
[Section 53(5) inserted by section 41(b) of Notice No. 558, GG 36729, dated 5 August 2013]
| (6) | The auditor or an independent reviewer may apply to a court for an appropriate order to enforce the rights set out in subsections (1), (2) or (3), and a court may— |
| (a) | make any order that is just and reasonable to prevent frustration of the auditor’s or independent reviewer’s duties by the co-operative or any of its members, directors, employees, agent or mandatories; and |
| (b) | make an order of costs personally against any member, director, employee, agent or mandatory whom the court has found to have wilfully and knowingly frustrated, or attempted to frustrate, the performance of the auditor’s or independent reviewer’s functions. |
[Section 53(6) inserted by section 41(b) of Notice No. 558, GG 36729, dated 5 August 2013]
