Securities Services Act, 2004 (Act No. 36 of 2004)Chapter IX : General ProvisionsPowers of registrar and court93. Powers of registrar to investigate or conduct inspection |
| (1) | If the registrar receives a complaint, charge or allegation that a person (hereinafter referred to as the respondent) who provides securities services (whether the respondent is licensed or authorised in terms of this Act or not) is contravening or is failing to comply with any provision of this Act, or if the registrar has reason to believe that such a contravention or failure is taking place, the registrar may investigate the matter by— |
| (a) | directing that respondent in writing to— |
| (i) | provide the registrar with any information, document or record reasonably required by the registrar about such services; |
| (ii) | appear before the registrar at a specified time and place; or |
| (b) | instructing an inspector under section 3 of the Inspection of Financial Institutions Act, 1998 (Act No. 80 of 1998), to carry out an inspection of the affairs of the respondent. |
| (2) | If a respondent is questioned in terms of subsection (1)(a)(ii) and is obliged to answer questions which may incriminate him or her or, 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. |