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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 8 : Regulatory Agencies and Administration of Act

Part E : Administrative provisions applicable to agencies

209. Appointment of inspectors

 

 

1) The Commissioner and the Executive Director—
a) may each appoint any suitable employee of the Commission or Panel, as the case may be, 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 of an inspector in terms of this Act, the inspector—
a) must be in possession of a certificate of appointment issued to that inspector in terms of subsection (1); and
b) must 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; and
c) has the powers—
i) set out in Part E of Chapter 7; and
ii) of 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.

 

3) The Commissioner and Executive Director may each appoint or contract with any suitably qualified person to assist the Commission, or the Panel, as the case may be, in carrying out its functions, including, but not limited to, conducting research, audits, inquiries or other investigations on behalf of the Commission or Panel, as the case may be, but a person appointed in terms of this subsection is not an inspector within the meaning of this Act.

 

4) The Minister, with the concurrence of the Minister of Finance, may determine the remuneration to be paid to a person appointed in terms of this section, if that person is not in the full-time service of the Commission or Panel, as the case may be.