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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Rules Regulating the Functioning of the National Consumer Commission in Terms of The Consumer Protection Act, 2008 (No.68 of 2008)

Part 3 : Access to Commission Records

12. Restricted information

 

 

1) In the event of a conflict between these Rules and the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), the provisions of that Act prevail.

 

2) For the purpose of this Part, the following five classes of information are restricted:
a) Information that has been determined to be confidential information;
b) The identity of a complainant, in the following circumstances:
i) A person who provides information to the Commission may request that the Commission treat their identity as restricted information; but that person may be a complainant in the relevant matter only if they subsequently waive the request in writing.
ii) If a person has requested in terms of subparagraph (i) that the Commission treat their identity as restricted information.
c) Information that has been received by the Commission in a particular matter, other than that referred to in paragraphs (a) and (b) above, as follows:
i) any other information received by the Commission during its investigation of the complaint, is restricted information until the Commission issues a referral or notice of non-referral in respect of that complaint.
ii) An application and any information received by the Commission during its consideration of the application, or revocation of an exemption granted to the applicant, is restricted information.
d) A document—
i) that contains—
aa) an internal communication between officials of the Commission, or between one or more such officials and their advisors;
bb) an opinion, advice, report or recommendation obtained or prepared by or for the Commission;
cc) an account of a consultation, discussion or deliberation that has occurred, including, but not limited to, minutes of a meeting, for the purpose of assisting to formulate a policy or take a decision in the exercise of a power or performance of a duty conferred or imposed on the Commission by law; or
ii) the disclosure of which could reasonably be expected to frustrate the deliberative process of the Commission by inhibiting the candid—
aa) communication of an opinion, advice, report or recommendation; or
bb) conduct of a consultation, discussion or deliberation; or
cc) the disclosure of which could, by premature disclosure of a policy or contemplated policy, reasonably be expected to frustrate the success of that policy.
e) Any other document to which a public body would be required or entitled to refuse access to in terms of the Promotion of Access to Information Act, 2000.