Securities Services Act, 2004 (Act No. 36 of 2004)Chapter IX : General ProvisionsEnforcement committee106. Confidentiality |
| (1) | Subject to subsection (3), no member of the enforcement committee or employee of the board may disclose to any person any information acquired in the performance of the functions of the enforcement committee and which relates to the proceedings or a decision of the enforcement committee except— |
| (a) | for the purpose of the performance of functions in terms of this Act; |
| (b) | when required to do so by a court or any law; |
| (c) | to the extent that such information has already been made public; or |
| (d) | to a self-regulatory organisation when necessary for the achievement of one or more of the objects of this Act. |
| (2) | Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine or imprisonment for a period not exceeding two years or to both a fine and such imprisonment. |
| (3) | If a respondent does not appeal against a decision of the enforcement committee within the period specified in terms of section 104(2)(e), the registrar must make public the decision of the enforcement committee, unless such publication will be contrary to the objects of this Act referred to in section 2, or unless there are exceptional circumstances that justify the preservation of the confidentiality of the decision. |