Securities Services Act, 2004 (Act No. 36 of 2004)Chapter IX : General ProvisionsEnforcement committee102. Consideration of matter by enforcement committee |
| (1) | The referral of a matter to the enforcement committee must be accompanied by a report on the investigation or inspection referred to in section 93, or on an investigation done under Chapter VIII, as the case may be, and all other evidence relevant to the alleged contravention or failure and in the possession of the registrar or the directorate. |
| (2) | The enforcement committee must serve a copy of the report and evidence referred to in subsection (1), together with particulars of the alleged contravention or failure to comply with this Act, on the respondent (which may include an individual member of the controlling body of a regulated person) and direct him or her to respond thereto by way of affidavit within a time specified by the enforcement committee. |
| (3) | The panel to which a specific matter has been assigned must consider the documentary evidence before it without hearing further evidence, subject to subsection (4). |
| (4) | The panel may, in exceptional circumstances and when it is necessary to come to a just decision, by written notice summon a person to appear before the panel to be, questioned or to produce a document specified in the summons. |
| (5) | A legal representative may assist a person summoned in terms of subsection (4) at such person’s own expense. |
| (6) | If a person is questioned in terms of subsection (4) and is obliged to answer questions which may incriminate him or her or which, if he or she is to be tried on a criminal charge, may prejudice him or her at such trial, no evidence regarding any such questions and answers is admissible in any criminal proceedings, except in criminal proceedings for perjury. |