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..
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