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Section 800 of The Companies Act No. 17 of 2015: Appointment of inspector to investigate ownership of company

    

(1) If satisfied that there are reasonable grounds for doing so, the Attorney General shall appoint one or more competent inspectors to investigate and report on the membership of a company for the purpose of determining the persons—
(a) who are or have been financially interested in the success or failure, real or apparent, of the company; or
(b) who are able to control or materially influence the policy of the company.
(2) An application may be made to the Attorney General by members of a company for the appointment of one or more inspectors to conduct an investigation under this section with respect to particular securities of the company.
(3) If, on receiving an application made under subsection (2), the Attorney General is satisfied that the number of members making the application, or the amount of shares held by them, is not less than that required for an application for the appointment of an inspector under section 786, the Attorney General shall appoint one or more inspectors to conduct an investigation under this section with respect to particular securities of the company.
(4) The Attorney General may refuse to appoint an inspector or inspectors under subsection (3) if the applicants fail to provide sufficient security to meet the costs of the investigation.
(5) The Attorney General may refuse to appoint an inspector or inspectors under subsection (3) if satisfied that the application for their appointment is frivolous or vexatious.
(6) In making an appointment under this section, the Attorney General may define the scope of the investigation (whether with respect to the matter or the period to which it is to extend or otherwise) and may, in particular, limit the investigation to matters connected with particular securities.
(7) An inspector's appointment under this section may not exclude from the scope of the investigation a matter that the application seeks to have included in it unless the Attorney General decides on reasonable grounds that it would be unfair or unreasonable for the matter to be investigated.
(8) The Attorney General is not required to provide the company or any other person with a copy of a report by an inspector appointed under this section or with a complete copy of it if satisfied that reasonable grounds exist for not divulging the contents of the report or of parts of it.
(9) The Attorney General is required to meet the expenses of an investigation under subsection (1).
(10) The applicants are required to meet the expenses of an investigation under subsection (3) unless the Attorney General certifies that it is a case in which the Attorney General might properly have acted under subsection (1), in which case the expenses of the investigation are to be met by the Attorney General.
(11) Subject to the terms of an inspector's appointment, the inspector's powers extend to the investigation of circumstances suggesting the existence of an arrangement or understanding that, though not legally binding, is or was observed or likely to be observed in practice and that is relevant to the purposes of the investigation.

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Disclaimer: This document is not to be taken as legal advise.

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