Intellectual Property Rights from Publicly Financed Research and
R 385
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 Records12. 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. |
