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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

176. Restricted information

 

 

(1) The provisions of this Part are subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), and the provisions of that Act prevail in the case of a conflict between any such provisions and any provision of this Part.

 

(2) For the purpose of this Part, the following five classes of information are restricted:
(a) Information that has been determined to be confidential information in terms of section 212;
(b) Identity of a complainant, in the following circumstances:
(i) A person who provides information in terms of section 159 may request that the Commission or Panel 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 sub-paragraph (i) that the Commission or Panel treat their identity as restricted information-
(aa) The Commission or Panel 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 or Panel 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 or Panel during its investigation of the complaint, is restricted information until the Commission or Panel issues a referral or notice of non-referral in respect of that complaint, but a completed Form CoR 135.1 is not restricted information.
(d) A document—
(i) that contains—
(aa) an internal communication between officials of a regulatory agency, or between one or more such officials and their advisors;
(bb) an opinion, advice, report or recommendation obtained or prepared by or for a regulatory agency;
(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 a regulatory agency by law; or
(ii) the disclosure of which could reasonably be expected to frustrate the deliberative process of a regulatory agency by inhibiting the candid—
(aa) communication of an opinion, advice, report or recommendation; or
(bb) 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).