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Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

13L. Confidential information


(1) When submitting information to the Commission, 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 Commission must—
(a) consider a claim made in terms of subsection (1); and
(b) as soon as practicable make a decision on the confidentiality of the information and access to that information and provide written reasons for that decision.


(4) A person who has made a claim contemplated in subsection (1) in respect of which the Commission has made a decision in terms of subsection (3), may apply to court for a review of that decision within—
(a) 60 court days of becoming aware of the decision; or
(b) such longer period as a court may allow on good cause shown.


(5) When making any finding in respect of an investigation, the Commission may take confidential information into account.


(6) If any finding would reveal any confidential information, the Commission must provide a copy of the proposed finding to the party claiming confidentiality at least 30 court days before publishing those reasons.


(7) Within 14 court days after receiving a copy of the proposed finding in terms of subsection (6), a party may apply to a court for an appropriate order to protect the confidentiality of the relevant information.


[Section 13L inserted by section 8 of Act No. 46 of 2013]