Companies Act, 2008 (Act No. 71 of 2008)Chapter 9 : Offences, Miscellaneous Matters and General ProvisionsPart A : Offences and penalties215. Hindering administration of Act |
| (1) | It is an offence to hinder, obstruct or improperly attempt to influence the Commission, the Panel, the Companies Tribunal, an inspector or investigator, or a court when any of them is exercising a power or performing a duty delegated, conferred or imposed by this Act. |
| (2) | A person commits an offence who— |
| (a) | does anything calculated to improperly influence— |
| (i) | the Commission, the Panel, the Companies Tribunal, an inspector or investigator concerning any matter connected with an investigation; or |
| (ii) | the Companies Tribunal in any matter before it; |
| (b) | anticipates any findings of the Commission, the Panel, the Companies Tribunal, an inspector or investigator in a way that is calculated to improperly influence the proceedings or findings; |
| (c) | does anything in connection with an investigation or hearing that would have been contempt of court if the proceedings had occurred in a court of law; |
| (d) | refuses to attend when summoned, or after attending, refuses to answer any question or produce any document as required by the summons, other than as contemplated in section 176)(a); |
| (e) | knowingly provides false information to the Commission, the Panel, the Companies Tribunal, an inspector or investigator; |
| (f) | improperly frustrates or impedes the execution of a warrant to enter and search, or attempts to do so; |
| (g) | acts contrary to or in excess of a warrant to enter and search; and |
| (h) | without authority, but claiming to have authority in terms of section 177 — |
| (i) | enters or searches premises; or |
| (ii) | attaches or removes an article or document. |