Microfinance Bill, 2012 H.B. 2, 2012 45 Disciplinary committee (1) For the purpose of an investigation and hearing in terms of this Part there shall be a disciplinary committee composed of— (a) the Registrar or his or her authorised delegate, who shall be the chairperson of the disciplinary committee; and (b) a representative appointed by the Minister of any association of microfinanciers which, in the opinion of the Minister, represents a substantial number of microfinanciers generally, or represents the class of microfinanciers to which the microfinancier subjected to an investigation under this Part belongs; and (c) a representative of the Reserve Bank appointed by the Governor of the Reserve Bank. 46 Complaints against microfinanciers and initial investigation by disciplinary committee (1) A person who is aggrieved by any conduct on the part of a microfinancier that may constitute an undesirable method of conducting business may, within a reasonable time after the conduct giving rise to the complaint, lodge his or her complaint, in writing and in the prescribed form and manner, with the Registrar. (2) If the Registrar receives a complaint under subsection (2) or suspects on reasonable grounds that a microfinancier may be guilty of engaging in an undesirable method of conducting business, the Registrar shall inform the Secretary of the complaint or suspicion, and the Secretary shall thereupon instruct the disciplinary committee to meet and investigate the complaint or suspicion. (3) For the purposes of an investigation under this section, the disciplinary committee may, through the Registrar or any of its members, at all reasonable times with or without notice— (a) visit and inspect the premises of the microfinancier concerned; (b) require the microfinancier concerned to provide it with such information as the committee considers may be relevant to the investigation. (4) If the disciplinary committee finds that a prima facie case against the college concerned has not 7 been disclosed, it shall inform the Secretary, the microfinancier and any person who may have lodged a complaint accordingly and shall then proceed in terms of this Part. 46 Notice of complaint or of allegation of undesirable method of conducting business Upon a finding in terms of section 46(4), the disciplinary committee shall notify the microfinancier concerned in writing of the complaint or allegation against it and of the grounds on which the committee considers there is a prima facie case against the microfinancier, and in that notice shall— (a) call upon the microfinancier to reply to the complaint or allegation, in writing, within such reasonable time as may be specified in the notice; and 7 (sic) Note by Veritas. This “not” doesn’t make sense. The rest of the Part is about what happens when the committee finds that there IS a prima facie case – see section 47.. - 27 -

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