Statistics Act, 1999
R 385
Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)13L. Confidential information |
(1) | When submitting information to the Commission, a person may claim that all or part of that information is confidential. |
(2) | Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is confidential. |
(3) | The Commission must— |
(a) | consider a claim made in terms of subsection (1); and |
(b) | as soon as practicable make a decision on the confidentiality of the information and access to that information and provide written reasons for that decision. |
(4) | A person who has made a claim contemplated in subsection (1) in respect of which the Commission has made a decision in terms of subsection (3), may apply to court for a review of that decision within— |
(a) | 60 court days of becoming aware of the decision; or |
(b) | such longer period as a court may allow on good cause shown. |
(5) | When making any finding in respect of an investigation, the Commission may take confidential information into account. |
(6) | If any finding would reveal any confidential information, the Commission must provide a copy of the proposed finding to the party claiming confidentiality at least 30 court days before publishing those reasons. |
(7) | Within 14 court days after receiving a copy of the proposed finding in terms of subsection (6), a party may apply to a court for an appropriate order to protect the confidentiality of the relevant information. |
[Section 13L inserted by section 8 of Act No. 46 of 2013]