(1)If it appears to the [Tribunal] in the course of a winding up by [the Tribunal] [ Substituted by Act 11 of 2003, Section 102, for " or subject to the supervision of the Court" .], that any past or present officer, or any member, of the company has been guilty of any offence in relation to the company, the [Tribunal] [Substituted by Act 11 of 2003, Section 102, for " Court " . ] may, either on the application of any person interested in the winding up or of its own motion, direct the Liquidator either himself to prosecute the offender or to refer the matter to the Registrar.
