No. 4/2018
PuBLIC ENTITIES
CoRPORATE GovERNANCE
Cap. 10:31
that prompted the investigation in the first place or any other problems revealed by the
investigation.
(9) The line Minister shall transmit a copy of the special investigator's report
to the head of the line Ministry who shall thereupon promptly avail a copy of it to the
head of the Unit, together with a plan of corrective action to be taken in relation to
the investigated public entity in the light of the recommendations made by the special
investigator or special investigators.
(1 0) If the Minister responsible for this Act has reasonable cause to believe,
on the basis of information availed to him or her by the Unit or any other source, that
any action or failure to take action in accordance with this section on the part of a line
Minister is contrary to any principle of good cotporate governance embodied in the
First and Second Schedules, the Minister responsible for this Act shall seek the leave
of the President to refer the matter to Cabinet, which may itself authorise a special
investigation in terms of this section as if it were the line Minister.
41
Powers of special investigators
(1) For the purpose of a special investigation under section 40 a special
investigator may require any person to produce for examination by the special
investigator, at such time and place as may be appointed by the special investigator
for that purpose, any deeds, plans, instruments, books, records, accounts, tmde lists,
stock lists or documents which the special investigator may consider necessary for the
putposes of the special investigation.
(2) Any deeds, plans, instruments, books, records, accounts, trade lists, stock
lists or documents which in tenns of subsection ( 1) are produced to a special investigator,
may be retained by the special investigator for as long as they may be reasonably
required for the special investigation.
(3) Any person who, in terms of subsection (1), produces any deed, plan,
instrument, book, record, account, tmde list, stock list or document which is not a ledger,
cash-book, journal, paid cheque, bank statement, deposit slip, stock sheet, invoice or
other book of account may be allowed by a special investigator any reasonable expenses
necessarily incurred in producing it or obtaining and producing a copy of it.
(4) A special investigator may in cotmection with a special investigation, by
reasonable notice in writing, require any person whether on his or her own behalf or
as the representative of any person, or any person whom the special investigator may
consider able to fumish information, to attend at a time and place to be named by the
special investigator for the purpose of being examined on oath or otherwise, at the
discretion of the special investigator, respecting all transactions or any matters affecting the same, or any of them or any part of them, relevant to the special investigation.
Any person so attending may be allowed by the special investigator any reasonable
expenses necessarily incurred by such person in so attending.
(5) Where any statement has been made by any person as a result of his or
her being examined on oath under subsection ( 4), such statement shall be recorded in
writing and shall be read over to or by the person making it, who, after making such
corrections therein as he or she may think necessary, may sign it.
(6) Any person required to attend in terms of subsection (4) shall be entitled
to be accompanied by a legal pmctitioner, accmmtant or other adviser, and any person
making a statement in terms of subsections (4) and (5) shall be furnished with a copy
thereof.
(7) If any special investigator engaged in carrying out a special investigation,
satisfies a magistrate by statement made on oath that there are reasonable grounds for
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