National Credit Act, 2005 (Act No. 34 of 2005)

Rules

Regulations for matters relating to the functions of the Tribunal and Rules for the conduct of matters before the National Consumer Tribunal

Part E : General Rules

32. Confidential information
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(1)Confidential information includes any information containing or consisting of—
(a)trade secrets;
(b)financial, commercial, scientific or technical information, if disclosure of the information is likely to cause harm to the commercial or financial interests of a person; or
(c)information supplied in confidence by a person, if the disclosure of the information could reasonably be expected to—
(i)put that person at a disadvantage in contractual or other negotiations; or
(ii)prejudice that person in commercial competition.

 

(2)Any alleged confidential information forming part of an application, response or other written submission to the Tribunal must be contained in a separate annexure and clearly marked 'confidential'.

[Rule 32(2) substituted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(3)Subject to an eventual finding that information is not confidential, information marked as confidential may be excluded from documents required to be served on parties under Table 2.

[Rule 32(3) substituted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(4)When submitting any information claimed to be confidential, such person will include a written statement setting out the grounds for the claim of confidentiality.

[Rule 32(4) inserted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(5)Within 10 business days of submission of the confidentiality claim, the Tribunal must notify such person as to whether or not the Tribunal will treat the information submitted as confidential.

[Rule 32(5) inserted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(6)If the Tribunal has notified such a person that the information will not be treated as confidential, it may not make the information available to any other party at a time earlier than 5 days after having notified such person in terms of subrule (5).

[Rule 32(6) inserted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]