Microfinance Bill, 2012
H.B. 2, 2012
49 Offences in connection with investigations under this Part
A person subpoenaed in terms of section 48(4)(a) shall obey the subpoena served on him
or her, and any such person who, without just cause—
(a) fails to attend and give evidence at a hearing under section 48 at the time and place
specified in the subpoena; or
(b) fails or refuses to be sworn when the chairperson of the disciplinary committee
desires to administer an oath to him or her; or
(c) fails to produce any book, record, document or thing that he or she had been
required by subpoena to produce; or
(c) fails to answer fully and satisfactorily to the best of his or her knowledge and belief
any question lawfully put to him or her;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment
for a period not exceeding six months or to both such fine and such imprisonment.
PART IX
GENERAL
50 Appeals
(1) Subject to this section, any person who is aggrieved by a decision, proposal or action
of the Registrar or the Reserve Bank under this Act may appeal against the decision, proposal
or action to the Minister.
(2) An appeal in terms of subsection (1) shall be made in the form and manner prescribed
and shall be lodged with the Minister within thirty days after the appellant was notified of the
decision, proposal or action appealed against.
(3) In an appeal the Minister may conduct or cause to be conducted such inquiry into the
matter as he or she thinks appropriate and may confirm, vary or set aside the decision,
proposal or action appealed against:
Provided that the Minister shall ensure that the appellant and the Registrar or Reserve
Bank, as the case may be, are given an adequate opportunity to make representations in the
matter.
(4) The Minister shall ensure that the appellant and the Registrar or Reserve Bank, as the
case may be, are notified of any decision reached by him or her in terms of subsection (3).
(5) Any person who is aggrieved by a decision of the Minister on an appeal in terms of
subsection (1) may appeal against his decision to the Administrative Court within the time
and in the manner prescribed in rules of that court.
(6) In an appeal in terms of subsection (5), the Administrative Court may confirm, vary
or set aside the decision, proposal or action appealed against and give such other order,
whether as to costs or otherwise, as the Court considers just.
51 Extension of time-limits
If a microfinancier is required to comply within a specified or prescribed period with any
provision of this Act, or with any direction or requirement of the Registrar in terms of this
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