| (1) |
It is an offence to disclose any confidential information concerning the affairs of any person obtained— |
| (a) |
in carrying out any function in terms of this Act; or |
| (b) |
as a result of initiating a complaint with the Commission, or participating in any proceedings in terms of this Act. |
| (2) |
Subsection (1) does not apply to information disclosed— |
| (a) |
for the purpose of the proper administration or enforcement of this Act; |
| (b) |
for the purpose of the proper administration of justice; |
| (c) |
at the request of the Commission or a court entitled to receive the information; or |
| (d) |
when required to do so by any court under any law. |
| (3) |
A person commits an offence if that person— |
| (a) |
hinders, obstructs or improperly attempts to influence the Commission when it is exercising a power or performing a duty in terms of this Act; |
| (b) |
does anything calculated to improperly influence the Commission concerning any matter connected with an investigation by the Commission; |
| (c) |
knowingly provides false information to the Commission; |
| (d) |
anticipates any findings of the Commission in a way that is calculated to improperly influence the proceedings or findings; |
| (e) |
does anything in connection with an investigation of the Commission that would have been contempt of court if the proceedings had occurred in a court of law; or |
| (f) |
refuses to attend when summoned or, after attending, refuses to answer any question or produce any document as required by the summons, other than as contemplated in section 13K(4)(a). |
[Section 13N inserted by section 8 of Act No. 46 of 2013]
Older Persons Act, 2006
