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


Companies Regulations, 2011

Chapter 8 : Regulatory Agencies and Administration

Part B : Access to Regulatory Agency Information and Records

177. Access to information


(1) Any person, upon payment of the prescribed fee, may inspect or copy any record of a regulatory agency—
(a) if it is not restricted information; or
(b) if it is restricted information, to the extent permitted, and subject to any conditions imposed, by—
(i) this regulation; or
(ii) an order of the Tribunal, or a Court.


(2) In a particular complaint, the Commission or Panel may release otherwise restricted information, other than confidential information, relating to a possible agreement of terms of an appropriate order, or the consent of a complainant for an order to include an award of damages, to—
(a) The respondent; or
(b) Any person who, in signing Form CoR 138 in respect of that complaint, has consented to the inclusion of an order of damages in a consent order, as contemplated in regulation 138 (3).


(3) In addition to the provisions of sub-regulation (1) and (2), a regulatory agency may release restricted information to, or permit access to it by, only the following persons:
(a) the person who provided that information to the regulatory agency;
(b) the person to whom the confidential information belongs;
(c) a person who requires it for a purpose mentioned in the Act; or
(d) any other person, with the written consent of the person to whom the information belongs.


(4) When a regulatory agency submits a Complaint Referral to the Tribunal, or supplies any other information to the Tribunal, or the Minister, the regulatory agency must identify any information included in its submission—
(a) in respect of which a claim has been made in terms of Section 212 that has not yet been determined by the Tribunal; or
(b) that has been finally determined to be confidential information.