Commissions Act, 1947 (Act No. 8 of 1947)

Rules

Rules of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State

10. Call for documents
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10.1In terms of section 3(1) of the Commissions Act, read with Regulation 10(6), the Chairperson may summon any person to produce a document in his or her possession or under his or her control which has a bearing on the matter being investigated.

 

10.2Any person to whom such a summons to produce a document is directed must, within ten days of receiving the summons, produce the documents requested or submit an affidavit to the Commission explaining why those documents cannot be produced.

 

10.3Should a person claim that a document referred to in the summons is subject to legal professional privilege, he or she must:
10.3.1identify the document in respect of which privilege is claimed; and
10.3.2explain the basis for the claim of privilege in relation to each document.

 

10.4Should a person claim that a document referred to in the summons is confidential for a reason other than that it is subject to legal professional privilege, such as that it is commercially sensitive or includes personal information, he or she must produce the document but must specify that the document, or part of it, should not be made public and must make application for the document (or part of it) to be treated as confidential in the investigation of the Commission. The application must be in writing and must set out:
10.4.1what portions of document are claimed to be confidential; and
10.4.2why those portions should not be publicly disclosed.

 

10.5The Chairperson shall consider all claims of confidentiality for documents provided to the Commission and shall rule on whether the document will be treated as confidential.

 

10.6If the document (or part of it) is determined to be confidential, it will not be included (or included only in redacted form to protect the confidentiality) in any of the Commission’s publications nor referred to, in relevant part, in public hearings.

 

10.7If the document is determined not to be confidential, it may be referred to in the Commission’s publications and at public hearings.

 

10.8The Commission shall notify the person who made a claim of confidentiality for a document of the Chairperson’s determination prior to the document being referred to in a publication or at a public hearing.