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Communal Property Associations Act, 1996 (Act No. 28 of 1996)

11. Monitoring and inspection

 

(1) An association or provisional association registered under this Act shall, at the prescribed times, furnish prescribed documents and information to the Director-General in order to enable him or her to monitor compliance with the provisions of the relevant constitution and this Act.

 

(2) The Director-General may undertake an inspection of the affairs of an association or provisional association.

 

(3) The Director-General may, for the purposes of this section—
(a) inspect and remove for copying any records, reports and other documents relating to the affairs of an association or provisional association;
(b) subpoena persons who may have relevant information or documentation in respect of the affairs of an association or provisional association to appear before him or her to provide information or documentation in relation to the affairs of the association or provisional association, if the attendance of such persons cannot reasonably be procured otherwise.

 

(4) A subpoena issued in terms of subsection (3)(b) shall be served in accordance with the manner prescribed for the service of subpoena in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).

 

(5) Any person who is duly subpoenaed in terms of subsection (3)(b) and who fails, without lawful excuse, to appear or to provide the required information or documentation, shall be guilty of an offence and liable to the punishment provided in the said Magistrates' Courts Act, 1944, for failure to comply with a subpoena issued in terms of that Act.

 

(6) If a dispute arises within an association or provisional association the Director-General may, of his or her own accord, or at the request of a member of the association or provisional association—
(a) undertake an enquiry into the activities of the association or provisional association, in which event he or she shall take reasonable steps to ensure that interested parties are made aware of the enquiry and of its outcome;
(b) advise the association or provisional association and the members of their respective rights and obligations;
(c) make a conciliator contemplated in section 10(2) available to assist in the resolution of the dispute;
(d) require the members to conduct an election for a new committee, if the integrity, impartiality or effectiveness of the committee or any member of the committee is in question;
(e) initiate proceedings contemplated in section 13; or take such other reasonable measures as he or she considers appropriate in the circumstances.

 

(7) When acting in terms of subsection (6) the Director-General shall be guided by the aim of resolving the dispute in accordance with the provisions of the constitution of the association.

 

(8) The identity of a member making a request in terms of subsection (6) or the fact that a request has been made by a member need not be disclosed if there are reasonable grounds for believing that such member may be victimised.

 

(9) If the membership of a member has been terminated, the association or provisional association shall inform the Director-General and provide the Director-General with the prescribed information relating to the termination.