Co-operatives Act, 2005 (Act No. 14 of 2005)

Regulations

Co-operatives Administrative Regulations, 2016

Chapter 2 : Winding Up and Judicial Management of Co-operatives

Part A : Winding-Up of Co-operatives

General provisions

118. Summoning and examination of persons concerning affairs of co-operative being wound up
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(1)The magistrate of the district in which the registered office of a co-operative being wound up is situated may, on application by the registrar, the liquidator of the co-operative or any other person who has an interest in the winding-up of such co-operative, summon before him or her any person known or suspected to have in his or her possession any asset of the cooperative or believed to be indebted to the co-operative, or any person whom the magistrate deems capable of giving information concerning the affairs, transactions or assets of the cooperative.

 

(2)

(a)Such magistrate may examine on oath or affirmation any person summoned under sub regulation (1), or authorize the registrar, the liquidator or any such other interested person to examine such person or to cause such person to be examined, concerning any matter referred to in that sub regulation, either orally or on written interrogatories, and may reduce his or her answers to writing and require him or her to sign them.
(b)Any such person may be required to answer any question put to him or her at the examination, notwithstanding that the answer might tend to incriminate him or her, and any answer given to any such question may thereafter be used in evidence against him or her.

 

(3)Such magistrate may require any such person to produce any book or other document in his or her custody or under his or her control relating to the co-operative, but without prejudice with regard to any right which he or she or any other person may have to such book or document.

 

(4)If any person summoned under sub regulation (1) fails to appear before the magistrate concerned at the appointed time such magistrate may cause him or her to be apprehended and brought before him or her for examination.