Companies Act, 2008 (Act No. 71 of 2008)RegulationsCompanies Regulations, 2011Chapter 8 : Regulatory Agencies and AdministrationPart B : Access to Regulatory Agency Information and Records177. Access to information |
| (1) | Any person, upon payment of the prescribed fee, may inspect or copy any record of a regulatory agency— |
| (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 regulation; or |
| (ii) | an order of the Tribunal, or a Court. |
| (2) | In a particular complaint, the Commission or Panel 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— |
| (a) | The respondent; or |
| (b) | Any person who, in signing Form CoR 138 in respect of that complaint, has consented to the inclusion of an order of damages in a consent order, as contemplated in regulation 138 (3). |
| (3) | In addition to the provisions of sub-regulation (1) and (2), a regulatory agency may release restricted information to, or permit access to it by, only the following persons: |
| (a) | the person who provided that information to the regulatory agency; |
| (b) | the person to whom the confidential information belongs; |
| (c) | a person who requires it for a purpose mentioned in the Act; or |
| (d) | any other person, with the written consent of the person to whom the information belongs. |
| (4) | When a regulatory agency submits a Complaint Referral to the Tribunal, or supplies any other information to the Tribunal, or the Minister, the regulatory agency must identify any information included in its submission— |
| (a) | in respect of which a claim has been made in terms of Section 212 that has not yet been determined by the Tribunal; or |
| (b) | that has been finally determined to be confidential information. |