Cap. 630 Art. 13Functions of the Regulator. Cap. 174.

(1) The Regulator shall perform the duties and exercise the functions imposed and conferred on him by this Act and by any regulations made thereunder including:

(a) providing registration facilities for applicants which are eligible for registration in terms of this Act;

(b) accepting or refusing applications from applicants to register as social enterprise organisations in terms of this Act;

(c) maintaining and updating the Register of Social Enterprise Organisations;

(d) monitoring the activities of social enterprise organisations in order to ensure that they comply with their statute, with the provisions of this Act, any regulations and any guidelines made thereunder and to ensure that the social enterprise organisation implements the necessary policies, regulations and reporting structures to ensure accountability and transparency in their operations;

(e) monitoring the behaviour of the administrators of social enterprise organisations to ensure the observance of high standards of accountability and transparency and compliance with law;

(f) investigating any complaints relating to social enterprise organisations or organisations purporting to be social enterprise organisations and their activities, investigating ex officio any social enterprise organisation for any shortcomings and taking such action as is in his power to redress any justified grievance that may come to his notice, including referring his findings to the Police;

(g) ensuring that the social enterprise organisation achieves its purposes and protects its capital base while developing operational surpluses to ensure sustainability;

(h) co-ordinating and communicating with each Registrar and with any competent authority:

(i) to facilitate the registration processes for social enterprise organisations and to ensure the continuous monitoring and eligibility of social enterprise organisations in terms of this Act;

(ii) to establish procedures to ensure that the Regulator and each Registrar are aware of the status of a social enterprise organisation at all times and of any investigation or action which is being taken in respect of such social enterprise organisation;

(i) promoting the social enterprise sector, developing co-operation between social enterprise organisations and the Government and co-operation between social enterprise organisations amongst themselves;

(j) making recommendations to the Minister on legislation and policies in support of social enterprise organisations and the social enterprise sector in general;

(k) assisting Government, government departments, public agencies, authorities and entities controlled by the Government in preparing and reviewing policies in support of social enterprise organisations and the social enterprise sector in general;

(l) performing any other function or duty that is assigned to him under this Act and any regulations made thereunder as well as such other functions as may be assigned to him under any other law;

(m) the extension of these regulations and obligations to other organisations that he considers as achieving the same objectives set out in the law. In these instances, the Regulator may apply temporary derogation in relation to profit distribution, engagement of volunteers and the employment of disadvantaged workers according to the exigencies of the case.

(2) In the exercise of his functions, the Regulator shall act impartially and shall not be subject to the direction of any other person or authority.

(3) The Regulator may by writing under his hand, delegate to any person specific functions, powers or authorities assigned to or conferred on him by this Act or any other law, and may at any time revoke or vary such delegation:

Provided that no such delegation shall be deemed to divest the Regulator of any of his functions, powers or authorities and he may, if he thinks fit, exercise such functions, powers or authorities collaterally with the person so delegated.

(4) The provisions of article 72 of the Financial Administration and Audit Act shall not apply to the Regulator or any other person carrying out his functions in terms of this Act.