National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)Chapter 7 : General51. Disclosure of information |
| (1) | In this section "information" includes anything purporting to be information or containing or providing information. |
| (2) | Subject to subsection (4) and any national legislation contemplated in section 32(2) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)— |
| (a) | no person may disclose to any other person or publish any information which relates to any nuclear installation or site or vessel or action described in section 2(1)(c) in respect of which a nuclear authorisation has been issued or is to be issued and not yet public knowledge if the disclosure of that information is likely to jeopardise the physical security arrangements in respect of such installation, site, vessel or action as required by the Regulator for the protection of persons or the security of the Republic; |
| (b) | no person may be in possession of any documents if not authorised and such possession is likely to jeopardise the physical security arrangements in respect of such installation, site, vessel or action as required by the Regulator for the protection of persons or the security of the Republic; |
| (c) | no person may receive any information knowing or having reasonable grounds to believe that it has been disclosed to him or her in contravention of the provisions of paragraph (a) or (b); |
| (d) | a person must take reasonable steps to safeguard information which he or she has in his or her possession or under his or her control and which he or she is in terms of paragraph (a) or (b) prohibited from disclosing to any person, or publishing, or so conduct himself or herself as not to endanger the secrecy thereof. |
| (3) | No member of the board or a committee of the board or an employee of the Regulator may disclose any information obtained by him or her 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 this Act; |
| (b) | for the purposes of the administration of justice; or |
| (c) | at the request of any person entitled thereto. |
| (4) | Despite the provisions of any other law, no person is civilly or criminally liable or may be dismissed, disciplined, prejudiced or harassed on account of having disclosed any information if- |
| (a) | the person in good faith reasonably believed at the time of the disclosure that he or she was disclosing evidence of a health or safety risk or a failure to comply with a duty imposed by this Act; and |
| (b) | the disclosure was made in accordance with subsection (5). |
| (5) | Subsection (4) applies only if the person concerned— |
| (a) | disclosed the information concerned to— |
| (i) | a committee of Parliament or a provincial legislature; |
| (ii) | the Public Protector; |
| (iii) | the Human Rights Commission; |
| (iv) | the Auditor-General; |
| (v) | the National Director of or a Director of Public Prosecutions; |
| (vi) | the Minister; |
| (vii) | the Regulator; or |
| (viii) | more than one of the bodies or persons referred to in subparagraphs (i) to (vii); or |
| (b) | disclosed the information concerned to one or more news medium and on clear and convincing grounds (of which he or she bears the burden of proof) believed at the time of the disclosure— |
| (i) | that disclosure was necessary to avert an imminent and serious threat to the health or safety of an individual or the public, to ensure that the health or safety risk or the failure to comply with a duty imposed by the Act was properly and timeously investigated or to protect himself or herself against serious or irreparable harm from reprisals; or |
| (ii) | giving due weight to the importance of open, accountable and participatory administration, that the public interest in disclosure of the information clearly outweighed any need for non-disclosure; or |
| (c) | disclosed the information concerned substantially in accordance with any applicable external or internal procedure (other than the procedures contemplated in paragraph (a) or (b)); or |
| (d) | disclosed information which, before the time of the disclosure of the information, had become available to the public, whether in the Republic or elsewhere. |