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Section 88: Immunity and protection from liability

Financial Services Act · PART XII: MISCELLANEOUS

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

88. Immunity and protection from liability (1) No action shall lie against the Commission or any of the following persons— (a) a member of the Board; (b) a member of a technical committee; (c) a member of the Enforcement Committee; (d) a member of the Review Panel; (e) the Chief Executive; (f) an employee of the Commission; (fa) a person appointed under section 90 of the Insurance Act; (g) a person to whom functions or powers of the Commission have been delegated under a relevant Act; or (h) a person appointed by the Commission, or by a licensee in accordance with a direction of the Commission, to investigate the affairs of a licensee or a matter relevant to a relevant Act, for anything done or omitted to be done by the Commission or the person in the performance, in good faith, of the Commission’s or the person’s functions, or the exercise, in good faith, of the Commission’s or the person’s powers, under a relevant Act. (2) This section shall be in addition to, and not in derogation from, the Public Officers’ Protection Act, and for the purposes of that Act, every person specified in subsection (1) shall be deemed to be a public officer or a person engaged or employed in the performance of a public duty. [S. 88 amended by s. 19 (h) of Act 27 of 2013 w.e.f. 21 December 2013.]

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