COMPANIES BILL - Department of Trade and Industry

139(b)must prescribe criteria for the Commission to follow in assessing whether anapplicant for accreditation in terms of subsection (4) meets the requirementsof this section.Dispute resolution may result in consent order167. (1) If the Companies Ombud, or an entity accredited in terms of section 166, hasresolved, or assisted parties in resolving, a dispute in terms of this Part the Ombud oraccredited entity may—(a) record the resolution of that dispute in the form of an order; and(b) if the parties to the dispute consent to that order, submit it to a court to beconfirmed as a consent order, in terms of its rules.(2) After hearing an application for a consent order, the court may—(a) make the order as agreed and proposed in the application;(b) indicate any changes that must be made to the draft order before it will bemade an order of the court; or(c) refuse to make the order.(3) A consent order confirmed in terms of subsection (2)—(a)(b)may include an award of damages; anddoes not preclude a person applying for an award of civil damages, unless theconsent order includes an award of damages to that person.(4) A court hearing any proceedings concerning a dispute arising out of a consentorder may order the proceedings closed to the public if it is the interest of theconfidentiality of the parties to the consent order to do so.5101520Part DComplaints to Commission or PanelInitiating a complaint168. (1) Any person may file a complaint in writing—(a) with the Panel in respect of a matter contemplated in Part B or C of Chapter5, or in the Takeover Regulations; or(b) with the Commission in respect of any provision of this Act not referred to inparagraph (a), alleging that a person has acted in a manner inconsistent withthis Act, or that the complainant’s rights under this Act, or under a company’sMemorandum of Incorporation or rules, have been infringed.(2) A complaint may be initiated directly by the Commission, or the Panel, as the casemay be, on its own motion or on the request of another regulatory authority.(3) The Minister may direct the Commission, as contemplated in section 190(2)(b),orthe Panel to investigate—(a) an alleged contravention of this Act; or(b) other specified circumstances.253035Investigation by Commission or Panel169. (1) Upon initiating or receiving a complaint, or receiving a direction from the 40Minister, in terms of this Act, the Commission or Panel, as the case may be, may—(a) except in the case of a direction from the Minister, issue a notice to thecomplainant in the prescribed form indicating that it will not investigate thecomplaint, if the complaint appears to be frivolous or vexatious, or does notallege any facts that, if proven, would constitute grounds for remedy under 45this Act;(b) if they think it expedient as a means of resolving the matter, refer thecomplainant to the Companies Ombud, or to an accredited entity, as defined insection 166(3), with a recommendation that the complainant seek to resolvethe matter with the assistance of that agency; or50(c) direct an inspector or investigator to investigate the complaint as quickly aspracticable, in any other case.