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

Chapter 9 : Offences, Miscellaneous Matters and General Provisions

Part A : Offences and penalties

215. Hindering administration of Act

 

 

1) It is an offence to hinder, obstruct or improperly attempt to influence the Commission, the Panel, the Companies Tribunal, an inspector or investigator, or a court when any of them is exercising a power or performing a duty delegated, conferred or imposed by this Act.

 

2) A person commits an offence who—
a) does anything calculated to improperly influence—
i) the Commission, the Panel, the Companies Tribunal, an inspector or investigator concerning any matter connected with an investigation; or
ii) the Companies Tribunal in any matter before it;
b) anticipates any findings of the Commission, the Panel, the Companies Tribunal, an inspector or investigator in a way that is calculated to improperly influence the proceedings or findings;
c) does anything in connection with an investigation or hearing that would have been contempt of court if the proceedings had occurred in a court of law;
d) refuses to attend when summoned, or after attending, refuses to answer any question or produce any document as required by the summons, other than as contemplated in section 176)(a);
e) knowingly provides false information to the Commission, the Panel, the Companies Tribunal, an inspector or investigator;
f) improperly frustrates or impedes the execution of a warrant to enter and search, or attempts to do so;
g) acts contrary to or in excess of a warrant to enter and search; and
h) without authority, but claiming to have authority in terms of section 177
i) enters or searches premises; or
ii) attaches or removes an article or document.