Cap. 492 чл. 22Powers of the Commissioner in case of abuse.

(1) Without prejudice to the provisions of any other law, in those cases where the Commissioner is of the opinion that a person or voluntary organisation is making or has made abusive use of a Certificate of Enrolment issued in terms of article 14 or has made or made use of a forgery thereof, the Commissioner may:

(a) prohibit such person from using such certificate by giving notice to such person in writing; or

(b) issue public statements on the facts to warn the public about any abuse by the person or voluntary organisation; or

(c) (i) take action to seize any funds raised or public Organisations Fund;

(ii) if considered necessary by the Commissioner due to lack of co-operation by persons involved or in the circumstances, he may request the First Hall, Civil Court to issue an order attaching such funds in the hands of third parties in general and to prohibit any person or organisation from transferring or from otherwise disposing of such funds;

(iii) such order shall become operative and binding on all third parties immediately as soon as it is made, and the Commissioner shall cause a notice thereof to be published without delay in the Gazette and two (2) daily newspapers;

(iv) the Court may for particular circumstances vary such order, and the provisions of the foregoing paragraphs shall apply to such order as so varied;

(v) every such order shall contain the name of the person, and the number of his identity card or passport or identification number and, if known, his profession, trade or other status, father’s name, mother’s name and maiden surname, place of birth and place of residence or in the case of an organisation, its name and registration number or other identification number, if any;

(vi) the order shall cease to be in force when the related civil or criminal proceedings are finally determined by the Court or when the Commissioner informs the Court that such order is no longer required and in such event the Commissioner shall cause a notice to that effect to be published without delay in the Gazette and two (2) daily newspapers.

(2) Prior to the taking of any of the actions referred to in sub-article (1)(a), (b) and (c)(i), the Commissioner shall notify in writing any person or organisation who appears to him prima facie to have breached the provisions of sub-article (1), of his findings and of the actions he intends to take and such person or organisation shall be entitled to:

(a) make submissions to the Commissioner within five days from the date of receipt of the written notice; and

(b) file an appeal to the Tribunal within five (5) days of notification of the decision of the Commissioner, which appeal shall suspend any action taken by the Commissioner in terms of sub-article (1) until final determination by such Tribunal: