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Inspection of Financial Institutions Act, 1998 (Act No. 80 of 1998)

5. Powers of inspectors relating to other persons

 

 

1) In order to carry out an inspection of the affairs of an institution under section 3 or 3A an inspector may—
a)
(i) summon any person, if the inspector has reason to believe that such person may be able to provide information relating to the affairs of the institution or whom the inspector reasonably believes is in possession of, or has under control, any document relating to the affairs of the institution, to lodge such document with the inspector or to appear at a time and place specified in the summons to be examined or to produce such document and to examine, or against the issue of a receipt, to retain any such document for as long as it may be required for purposes of the inspection or any legal or regulatory proceedings;
(ii) administer an oath or affirmation or otherwise examine any person referred to in subparagraph (i);

[Subparagraph (a) amended by section 150(a) and (b) of Act No. 45 of 2013]

b) on the authority of a warrant, at any time without prior notice—
i) enter any premises and require the production of any document relating to the affairs of the institution;
ii) enter and search any premises for any documents relating to the affairs of the institution;
iii) open any strongroom, safe or other container which he or she suspects contains any document relating to the affairs of the institution;
iv) examine, make extracts from and copy any document relating to the affairs of the institution or, against the issue of a receipt, remove such document temporarily for that purpose;
v) against the issue of a receipt, seize any document of the institution relating to the affairs of the institution if the inspector is of the opinion that the item contains information relevant to the inspection;

[Subparagraph (v) amended by section 150(c) of Act No. 45 of 2013]

vi) retain any seized document for as long as it may be required for criminal or other proceedings,

but an inspector may proceed without a warrant, if the person in control of any premises consents to the actions contemplated in this paragraph.

 

2)
a) A warrant contemplated in subsection (1)(b) may be issued, on application of an inspector, by a judge or magistrate who has jurisdiction in the area where the premises in question is located.
b) Such a warrant may only be issued if it appears from information under oath that there is reason to believe that a document relating to the affairs of the institution being inspected, is kept at the premises concerned.

 

3) Any person whose document has been removed or retained, or from whom a document has been seized, under subsection (1)(a) or (b), or his or her authorised representative, may examine and copy such document and make extracts therefrom under the supervision of the registrar or an inspector during normal office hours.

[Subsection 3 amended by section 150(d) of Act No. 45 of 2013]

 


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