| (1) | No person, including any member of the Commission, Committee, or any Tribunal, or Secretariat of the Commission, or Registrar or his or her staff, may disclose any confidential information or confidential document obtained by that person in the performance of his or her functions in terms of this Act, except— |
| (a) | to the extent to which it may be necessary for the proper administration of any provision of this Act; |
| (b) | to any person who of necessity requires it for the performance of any function in terms of this Act; |
| (c) | when required to do so by order of a court of law; or |
| (d) | with the written permission of the Chief Justice. |
| (2) | Any person who contravenes a provision of subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years. |
| (3) | Every member of the Commission, the Committee, any Tribunal and every member of the secretariat of the Commission and Office of the Registrar must, in the prescribed manner— |
| (a) | before assuming office or duty; or |
| (b) | if he or she is holding such office on the date of the commencement of this section, make and subscribe to an affirmation of secrecy in the following form: |
"I, ..........................................................................................solemnly declare:
| (a) | I have taken cognizance of the provisions of section 38(1) and (2) of the Judicial Service Commission Act, 1994. |
| (b) | I understand that I may not disclose any confidential information or document obtained by me in the performance of my functions in terms of that Act, except in accordance with the provisions of section 38(1) of the Act. |
| (c) | I am fully aware of the serious consequences which may follow any breach or contravention of the above-mentioned provisions. |
(Signature)".
| (4) | Any person who wilfully or negligently in any manner discloses any confidential information that came to his or her knowledge by means of a person who conveyed that information in contravention of subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding a period of live years. |
[Section 38 inserted by section 9 of Act No. 20 of 2008]
