| 3.1 |
A person may, when submitting correspondence to the Commission, identify information therein that the person claims is— |
| (a) |
by nature confidential; or |
| (b) |
the person otherwise wishes to be recognised as confidential. |
| 3.2 |
Parties providing information in any correspondence for which a claim of confidentiality is made as contemplated in subsection 1 shall at the same time submit non-confidential summaries thereof. These summaries shall— |
| (a) |
indicate each instance where confidential information has been omitted and the reasons why the omitted information is confidential; and |
| (b) |
be in sufficient detail to permit other interested parties a reasonable understanding of the substance of the information submitted in confidence. |
| 3.3 |
Where confidential information does not permit non-confidential summarisation as contemplated in subsection 2, a sworn statement shall be provided explaining why the confidential information cannot be summarised. Merely reciting that the confidential information is of a kind listed in subsection 4 is not sufficient in this regard. |
| 3.4 |
The following list provides examples of "information that is by nature confidential" as per sections 1(2) and 33(1)(a) of the Act, read with section 36 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000): |
| (b) |
financial accounts of a private company; |
| (c) |
actual and individual sales prices; |
| (d) |
actual costs, including cost of production and importation cost; |
| (e) |
actual sales volumes; |
| (f) |
infoiuiation, the release of which could have a significant adverse effect on the owner of, or the person that provided, the information; and |
| (g) |
information that would be of significant competitive advantage to a competitor of the owner of the information; provided that the party submitting such information indicates it to be confidential. |
| 3.5 |
If a person makes a claim in terms of subsection 1, the Commission shall determine whether the information is confidential as provided for in section 34 of the Act. |
| 3.6 |
Notwithstanding subsection 4, the Commission may disregard any information indicated to be confidential that— |
| (a) |
it does not determine to be confidential in terms of subsection 5; or |
| (b) |
is not accompanied by— |
| (i) |
a proper non-confidential summary as contemplated in subsection 2; or |
| (ii) |
a sworn statement as contemplated in subsection 3; and |
the deficiency has not been rectified in accordance with the instructions of the Commission.
| 3.7 |
In determining whether to disregard information indicated to be confidential where the requirement in subsection 6(b)(i) has not been met, the Commission exercises its discretion considering, amongst others, whether the deficiency is of such a nature as to materially affect the ability of other interested parties to defend their interests. |
Foodstuffs, Cosmetics and Disinfectants Act, 1972
