International Trade Administration Act, 2002 (Act No. 71 of 2002)Chapter 4 : Investigation, evaluation and adjudication proceduresPart D – Confidential information35. 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. |