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

13N. Offences in connection with Commission


(1) It is an offence to disclose any confidential information concerning the affairs of any person obtained—
(a) in carrying out any function in terms of this Act; or
(b) as a result of initiating a complaint with the Commission, or participating in any proceedings in terms of this Act.


(2) Subsection (1) does not apply to information disclosed—
(a) for the purpose of the proper administration or enforcement of this Act;
(b) for the purpose of the proper administration of justice;
(c) at the request of the Commission or a court entitled to receive the information; or
(d) when required to do so by any court under any law.


(3) A person commits an offence if that person—
(a) hinders, obstructs or improperly attempts to influence the Commission when it is exercising a power or performing a duty in terms of this Act;
(b) does anything calculated to improperly influence the Commission concerning any matter connected with an investigation by the Commission;
(c) knowingly provides false information to the Commission;
(d) anticipates any findings of the Commission in a way that is calculated to improperly influence the proceedings or findings;
(e) does anything in connection with an investigation of the Commission that would have been contempt of court if the proceedings had occurred in a court of law; or
(f) refuses to attend when summoned or, after attending, refuses to answer any question or produce any document as required by the summons, other than as contemplated in section 13K(4)(a).


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