| (1) | No director, officer or employee of the Bank, and no officer in the Department of Finance, shall disclose to any person, except to the Minister or the Director-General: Finance or for the purpose of the performance of his or her duties or the exercise of his or her functions or when required to do so before a court of law or under any law— |
| (a) | any information relating to the affairs of— |
| (iii) | a client of the Bank, |
acquired in the performance of his or her duties or the exercise of his or her functions; or
| (b) | any other information acquired by him or her in the course of his or her participation in the activities of the Bank, |
except, in the case of information referred to in paragraph (a)(iii), with the written consent of the Minister and the Governor, after consultation with the client concerned.
| (1A) | The provisions of subsection (1) shall not be construed as preventing any director, officer or employee of the Bank who is responsible for exercising any power or performing any function or duty under the Exchange Control Regulations, 1961, issued in terms of section 9 of the Currency and Exchanges Act, 1933 (Act No. 9 of 1933), from disclosing to the Commissioner for the South African Revenue Service any information as may be required for purposes of exercising any power or performing any function or duty in terms of any Act administered by the Commissioner. |
| (2) | No person shall disclose to any other person any information contained in any written communication which is in any manner marked as confidential or secret and which has been addressed by the Bank to any person or which has been addressed by any person to the Bank, except— |
| (a) | for the purposes of the performance of his duties or the exercise of his powers in terms of any law or when required to do so before a court of law; or |
| (b) | with the written consent of both the sender and the recipient of that communication. |
