The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 5 : Enforcement of ActPart A : Powers in Support of Investigation60. Claims that information is confidential |
| (1) | When submitting information to the Regulator, or to an inspector or an investigator appointed in terms of this Act, a person may claim that all or part of that information is confidential. |
| (2) | Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is confidential. |
| (3) | The Regulator must— |
| (a) | consider a claim made in terms of subsection (1); and |
| (b) | immediately make a decision on the confidentiality of the information and access to that information, which decision may or may not be supported by reasons. |
| (4) | When making any ruling, decision or order in terms of this Act, the Regulator or a Council may take confidential information into account. |
| (5) | If any reasons for a decision in terms of this Act would reveal any confidential information, the Regulator or a court must provide a copy of the proposed reasons to the party claiming confidentiality at least seven business days before publishing those reasons. |
| (6) | Within seven business days after receiving a copy of proposed reasons in terms of subsection (5), a party may apply to the court for an appropriate order to protect the confidentiality of the relevant information. |