Protection of Businesses Act, 1978
R 385
Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)Chapter 3 : Control Measures for Money Laundering and Financing of Terrorist and Related Activities - Money Laundering, Financing of Terrorist and Related Activities and Financial Sanctions Control MeasuresPart 3 : Reporting duties and access to information37. Reporting duty and obligations to provide information not affected by confidentiality rules |
| (1) | Subject to subsection (2), no duty of secrecy or confidentiality or any other restriction on the disclosure of information, whether imposed by legislation or arising from the common law or agreement, affects compliance by an accountable institution, supervisory body, reporting institution, or any other person with a provision of this Part, Part 4 and Chapter 4. |
[Section 37(1) substituted by section 36 of the General Laws (Anti-Money Laundering & Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022) Notice No. 1532, GG47802, dated 29 December 2022 - effective 31 December 2022 per Proclamation Notice 109 (a), GG47805, dated 31 December 2022]
| (2) | Subsection (1) does not apply to the common law right to legal professional privilege as between an attorney and the attorney’s client in respect of communications made in confidence between— |
| (a) | the attorney and the attorney’s client for the purposes of legal advice or litigation which is pending or contemplated or which has commenced; or |
| (b) | a third party and an attorney for the purposes of litigation which is pending or contemplated or has commenced. |
