Microfinance Bill, 2012 H.B. 2, 2012 (2) Except with the permission of the Reserve Bank, no microfinancier or employee of agent of a microfinancier shall disclose any information provided to it by the Reserve Bank in confidence in the performance of its functions under this Act. (3) Subsection (1) and (2) shall not apply to⎯ (a) any disclosure made by the person concerned in the performance of his or her functions under this Act or when required to do so by a court or in terms of any other enactment; or (b) the supplying of statistics in terms of section 55; or (c) the disclosure of information that is generally known to members of the public or a substantial section of the public; or (d) a disclosure of such information in such circumstances as may be prescribed. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (5) Subject to subsection (2), if any of the persons referred to in subsection (1) for personal gain makes use of any information which he or she has acquired in the performance of his or her functions under this Act and which relates to the affairs of a microfinancier, he or she shall be guilty of an offence and liable to⎯ (a) a fine not exceeding level ten or double the amount of his or her gain, whichever is the greater; or (b) imprisonment for a period not exceeding five years; or both such fine and imprisonment. (6) It shall be a defence to a charge under subsection (1)8 for the person charged to show that the information which he or she used was generally known to members of the public or to a substantial section of the public. 55 Reserve Bank and Registrar may supply statistics For the purposes of the Census and Statistics Act [Chapter 10:29] (Act No. 1 of 2007), the Reserve Bank and the Registrar shall supply the Director-General of the Zimbabwe National Statistics Agency supply statistics relating to microfinanciers in Zimbabwe, as may be required by or under the Census and Statistics Act [Chapter 10:29], but no such statistics shall reveal confidential information concerning any particular microfinancier or other person. 56 Annual reports of Reserve Bank and Registrar (1) As soon as possible after the end of every calendar year, and in any event not more than three months thereafter, the Reserve Bank and the Registrar shall submit to the Minister a provisional report (which report shall relate exclusively to microfinance business) on microfinance business in Zimbabwe during that year. (2) The Minister upon receiving a provisional report may⎯ a) approve it as afinal report; or 8 Note by Veritas. This should refer to subsection (5). - 32 -