No.l2 2015 within such reasonable period as may be specified in the notice, for the order to be set aside. (4) In an application referred to in subsection (3)(c), the High Court may not, despite any other law, reverse or set aside the order of the Reserve Bank to wind up a banking institution made in terms of subsection (1) without the consent of the Reserve Bank, unless the court is satisfied that the decision was made corruptly or in bad faith: Provided that this subsection shall not prevent the High Court or any other court from a\varding fair and adequate compensation to any person who has suffered loss as a result of the decision. (5) Where an appeal is noted against a decision of the High Court in an application referred to in subsection (3), the Supreme Comt shall ensure that, where possible, it delivers judgment in the aprJCal within thirty days after the appeal was filed in accordance with rules of court. (6) The Reserve Bank shall appoint the Deposit Protection Corporation as the liquidator of the banking institution that is being wound up, and the Corporation shall have the same powers and duties as a liquidator of a company appointed in terms of Part V of the Companies Act [Chapter 24:03], any reference in that Part to the comt being construed as a reference to the Reserve Bank. (7) During the voluntary winding up of a banking institution, the Deposit Protection Corporation as liquidator shall furnish the Reserve Bank with every return and statement which the institution would have been obliged to furnish to the Reserve Bank in terms of this Act were the institution not being wound up. (8) The claims of(a) depositors; and (b) the Reserve Bank and the Deposit Protection Corporation in respect of any fees and expenses incurred in the exercise of their functions under this Act or any other enactment; against a banking institution that is being wound up shall enjoy such priority as may be prescribed.". 34 New section inserted in Cap. 24:20 Part XI ("Additional Powers of Reserve Bank and Registrar") of the principal Act is amended by the insertion after section 64 of the following section- "65 Powers of Registrar when determining whether person is fit and proper (1) When determining for the purposes of this Act whether anyone is a fit and proper person to hold any shares or to occupy any post or office, the Registrar may request the person concemed to provide the Registrar with inforn1ation, on oath or otherwise as the Registrar may specify, relating to any matters which, in the Registrar's opinion, will enable the Registrar to assess the person's fitness and probity. (2) If a person to whom the Registrar has made a request in tenns of subsection (1) fails or refuses to provide the requested information or provides the Registrar with information which is materially inaccurate, misleading or incomplete, the Registrar may determine that he or she is 248

Select target paragraph3

Add to table of contents