Microfinance Bill, 2012 H.B. 2, 2012 (h) a microfinancier or any of its officers, employees or agents has prevented a supervisor from exercising any of his or her powers in terms of this Part or in terms of section 9 of the Balance of Payments Reporting Act [Chapter 22:16]; and the Reserve Bank considers that an investigation is necessary for the purpose of preventing, investigating or detecting a contravention of this Act or any other law, the Reserve Bank may direct an inspector to conduct an investigation into the microfinancier concerned or any aspect of its management or activities. (2) It shall not be necessary for the Reserve Bank to afford the institution concerned an opportunity to make representations before it directs an inspector to conduct an investigation. (3) For the purposes of an investigation in terms of subsection (1), an inspector may exercise any of the powers of a supervisor set out in section 36(3) and, in addition, may⎯ (a) seize any securities, books, records, accounts or documents of the microfinancier concerned which in his or her opinion may afford evidence of an offence or irregularity: Provided that⎯ (i) the inspector shall issue a full receipt for any securities, books, records, accounts or documents so seized; (ii) any securities, books, records, accounts or documents so seized shall be retained only for so long as may be necessary for the purposes of the investigation; (b) examine, whether under oath or otherwise, any person who is or was a director, officer, employee, agent, auditor, legal adviser, valuator, debtor, creditor, policyholder, shareholder or partner of the microfinancier concerned: Provided that ⎯ (i) any person so examined shall be entitled to have his or her legal practitioner present at the examination; (ii) no person shall be required to answer any question which he or she would not be required to answer if he were a witness in a civil or criminal case before a court; (c) require any person referred to in paragraph (b) to produce any security, book, record, account or document of the microfinancier concerned to which he or she has access, or to give any information at his or her disposal relating to the management or affairs of the microfinancier: Provided that no such person shall be required to produce anything or to answer any question which he would not be required to produce or answer, as the case may be, if he or she were a witness in a civil or criminal case before a court. (4) A microfinancier whose securities, books, records, accounts or documents have been seized under this section shall be entitled, through its authorised representative, to examine, make entries in and make extracts from them during office hours under such supervision as an inspector may determine. (5) In conducting an investigation in terms of subsection (1), an inspector shall have the same powers, rights and privileges as are conferred upon a commissioner by the Commissions - 24 -

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