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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Chapter 4 : Investigation, evaluation and adjudication procedures

Part D – Confidential information

35. Proceedings in contested claims

 

(1) A claimant affected by a determination of the Commission in terms of section 34(3) may appeal against that determination to a High Court, subject to its rules, in the prescribed manner and form.

 

(2) A person who seeks access to information which the Commission has determined is, by nature, confidential, or should be recognised as otherwise confidential, may—
(a) first, request that the Commission mediate between the owner of the information and that person; and
(b) failing mediation in terms of paragraph (a), apply to a High Court for—
(i) an order setting aside the determination of the Commission; or
(ii) any appropriate order concerning access to that information.

 

(3) Upon appeal in terms of subsection (1), or an application in terms of subsection (2)(b), the High Court may—
(a) determine whether the information—
(i) is, by nature, confidential; or
(ii) should be recognised as being otherwise confidential; and
(b) if it determines that it is confidential, make any appropriate order concerning access to that confidential information.