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 Records13. Access to 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) | Any person, upon payment of the prescribed fee, may inspect or copy any Commission record— |
| a) | if it is not restricted information; or |
| b) | if it is restricted information, to the extent permitted, and subject to any conditions imposed, by |
| i) | this Rule; or |
| ii) | an order of the Tribunal, or a Court. |
| 3) | In a particular complaint the Commission may release otherwise restricted information, other than confidential information, relating to a possible agreement of terms of an appropriate order, or the consent of a complainant for an order to include an award of damages, to the respondent. |
| 4) | In addition to the provisions of sub-rule (1) and (2), the Commission may release restricted information to, or permit access to it by, only the following persons: |
| a) | the person who provided that information to the Commission; |
| b) | the supplier to whom the confidential information belongs; or |
| c) | any other person, with the written consent of the supplier to whom the information belongs. |
| 5) | When the Commission refers a matter to the Tribunal or supplies any other information to the Tribunal, the Commission must identify any information included in its submission as confidential information if it is such in terms of this Rule. |
