Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Chapter 7 : General Provisions

38. Confidentiality of matters and information
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(1)Every commissioner and every member of the staff of the Commission shall, with regard to any matter dealt with by him or her, or information which comes to his or her knowledge in the exercise, performance or carrying out of his or her powers, functions or duties as such a commissioner or member, preserve and assist in the preservation of those matters which are confidential in terms of the provisions of this Act or which have been declared confidential by the Commission.

 

(2)

(a)Every commissioner and every member of the staff of the Commission shall, upon taking office, take an oath or make an affirmation in the form specified in subsection (6).
(b)A commissioner shall take the oath or make the affirmation referred to in paragraph (a) before the Chairperson of the Commission or, in the case of the Chairperson, before the Vice-Chairperson.
(c)A member of the staff of the Commission shall take the oath or make the affirmation referred to in paragraph (a) before a commissioner.

 

(3)No commissioner shall, except for the purpose of the exercise of his or her powers, the performance of his or her functions or the carrying out of his or her duties or when required by a court of law to do so, or under any law, disclose to any person any information acquired by him or her as such a commissioner or while attending any meeting of the Commission.

 

(4)Subject to the provisions of subsection (3) and sections 20(6) and 33, no person shall disclose or make known any information which is confidential by virtue of any provision of this Act.

 

(5)No person who is not authorized thereto by the Commission shall have access to any information which is confidential by virtue of any provision of this Act.

 

(6)For the purposes of this section the oath or affirmation shall be in the following form:

 

"I, A B, hereby declare under oath/solemnly affirm that I understand and shall honour the obligation of confidentiality imposed upon me by any provision of the Promotion of National Unity and Reconciliation Act, 1995, and shall not act in contravention thereof."