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Companies Act, 2008 (Act No. 71 of 2008)

Chapter 9 : Offences, Miscellaneous Matters and General Provisions

Part A : Offences and penalties

213. Breach of confidence

 

 

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, or participating in any proceedings in terms of this Act.

 

2) Subsection (1) does not apply to information disclosed—
a) as contemplated in section 206(2)(e)(i) or (ii) or 212(5) to (7);
b) for the purpose of the proper administration or enforcement of this Act;
c) for the purpose of the administration of justice;
d) at the request of the Commission, the Panel, an inspector or investigator, the Companies Tribunal, or a court entitled to receive the information; or
e) when required to do so by any court or under any law.