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Competition Act, 1998 (Act No. 89 of 1998)

Rules for the Conduct of Proceedings

Competition Appeal Court Rules

Regulating the Functions of the Competition Appeal Court

Part 3 : Access to Court Records

13. Access to Information

 

(1) Any person may inspect, or upon payment of the prescribed fee, may copy, any record of the Court’s proceedings—
(a) if it is not confidential information; or
(b) if it is confidential information, to the extent permitted, and subject to any conditions imposed, by
(i) this Rule; or
(ii) an order of the Court, or the Tribunal, as the case may be.

 

(2) In addition to the provisions of subrule (1) and subject to the terms of any order or determination, the registrar may release confidential information to, or permit access to it by, only the following persons:

[Words preceding subrule (2)(a) substituted by General Notice 1255 dated 18 November 2005]

(a) the person who provided that information to the Court, the Tribunal, or the Commission, as the case may be;
(b) the firm to whom the confidential information belongs;
(c) a person who requires it for a purpose mentioned in section 69(2)(a) or (b);
(d) a person mentioned in section 69(2)(c); or
(e) The Minister, if the information concerns a merger.

 

(3) A party wishing to refer to confidential information must apply to the Duty Judge for directions as to whether that information may be disclosed in documents to be filed with the registrar.

 

(4) The Duty Judge may give directions to protect confidential information, including ordering that a relevant affidavit, document or heads of argument be filed under a separate cover and sealed by the registrar.

 

(5) The registrar shall allow a person to inspect a document filed under seal subject to the terms of any order or if the Judge President has given written permission for such person to inspect the document.

[Subrule (5) substituted by General Notice 1255 dated 18 November 2005]