Companies Act, 2008 (Act No. 71 of 2008)RegulationsCompanies Regulations, 2011Chapter 8 : Regulatory Agencies and AdministrationPart B : Access to Regulatory Agency Information and Records176. Restricted information |
| (1) | The provisions of this Part are subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), and the provisions of that Act prevail in the case of a conflict between any such provisions and any provision of this Part. |
| (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 in terms of section 212; |
| (b) | Identity of a complainant, in the following circumstances: |
| (i) | A person who provides information in terms of section 159 may request that the Commission or Panel 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 sub-paragraph (i) that the Commission or Panel treat their identity as restricted information- |
| (aa) | The Commission or Panel must accept that request; and |
| (bb) | That information is restricted unless the person subsequently waives the request in writing. |
| (c) | Information that has been received by the Commission or Panel in a particular matter, other than that referred to in paragraphs (a) and (b), as follows: |
| (i) | The description of conduct attached to a complaint, and any other information received by the Commission or Panel during its investigation of the complaint, is restricted information until the Commission or Panel issues a referral or notice of non-referral in respect of that complaint, but a completed Form CoR 135.1 is not restricted information. |
| (d) | A document— |
| (i) | that contains— |
| (aa) | an internal communication between officials of a regulatory agency, or between one or more such officials and their advisors; |
| (bb) | an opinion, advice, report or recommendation obtained or prepared by or for a regulatory agency; |
| (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 a regulatory agency by law; or |
| (ii) | the disclosure of which could reasonably be expected to frustrate the deliberative process of a regulatory agency by inhibiting the candid— |
| (aa) | communication of an opinion, advice, report or recommendation; or |
| (bb) | conduct of a consultation, discussion or deliberation; or |
| (iii) | 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 restrict access in terms of the Promotion of Access to Information Act, 2000 (Act No.2 of 2000). |