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

Companies Regulations, 2011

Chapter 7 : Complaints, Applications and Tribunal Hearings

Part D : Commission or Panel Complaint and Investigation Procedures

136. Multiple complaints

 

 

(1) At any time after a complaint has been initiated by the Commission or the Panel, or submitted by another person, the Commission or Panel, as the case may be, may publish a notice disclosing an alleged contravention of the Act and inviting any person who believes that the alleged contravention has affected or is affecting a material interest of that person to file a further complaint in respect of that matter.

 

(2) The Commission or the Panel may consolidate two or more complaints under a common investigation if they concern the same person as potential respondent, and substantially the same conduct by that person.

 

(3) If the Commission or the Panel consolidates two or more complaints as permitted by sub-regulation (2)—
(a) each of those complaints must continue to be separately identified by its own complaint number;
(b) each person who submitted one of those complaints remains the complainant with respect to the complaint that they submitted; and
(c) after referring one of those consolidated complaints to the Tribunal, or issuing a notice of non-referral in respect of it, the Commission or the Panel may continue to investigate any of the remaining consolidated complaints.