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


Broad-Based Black Economic Empowerment Regulations, 2016

Regulating the Administration and Implementation of the Broad-Based Black Economic Empowerment Act and the Functions of the Commission

Part 3 - Access to information

13. Restricted or Confidential information


(1) For the purpose of this Part 3 of these Regulations, and in terms of section 13L of the Act, the following five classes of information are restricted:
(a) information—
(i) that has been determined to be confidential information in terms of section 13L(1) of the Act, or
(ii) that, in terms of section 13L(7) of the Act, must be treated as confidential information.
(b) identity of a complainant, in the following circumstances:
(i) a person who provides information may request that the Commission treat their identity as restricted information, but that person may be a complainant in the relevant matter only if they subsequently waive the request in writing;
(ii) if a person has requested in terms of subregulation 1(b)(i) that the Commission treat their identity as restricted information—
(aa) the Commission must accept that request; and
(bb) that information is restricted unless the person subsequently waives the request in writing.
(c) information that has been received by the Commission in a particular matter, other than that referred to in paragraphs (a) and (b), as follows:
(i) the description of conduct attached to a complaint, and any other information received by the Commission during its investigation of the complaint, is restricted information until the Commission  issues its findings and recommendations if any, in respect of that complaint, but information provided in a completed FORM B-BBEE 6 is not restricted information; and
(ii) any information received by the Commission during its consideration of a major broad-based black economic empowerment transaction registered with the Commission prior to the transaction being made public by any of the parties to the transaction, is restricted information only to the extent that it is restricted in terms of paragraph (a).

(d)        A document—

(i) that contains—
(aa) an internal communication between officials of the Commission, or between one or more such officials and their advisors;
(bb) an opinion, advice, report or recommendation obtained or prepared by or for the Commission;
(cc) an account of a consultation, discussion or deliberation that has occurred including, but not limited to, minutes of a meeting, for the purpose of assisting to formulate a policy or take a decision in the exercise of a power or performance of a duty conferred or imposed on the Commission by law; or
(dd) the disclosure of which could reasonably be expected to frustrate the deliberative process of the Commission by inhibiting the candid—
(i) communication of an opinion, advice, report or recommendation; or
(ii) conduct of a consultation, discussion or deliberation; or
(iii) the disclosure of which could, by premature disclosure of a policy or contemplated policy, reasonably be expected to frustrate the success of that policy.
(e) any other document to which a public body would be required or entitled to restrict access in terms of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).