(1) Application
| (a) |
Any former member who applies for the disclosure of classified information in terms of the Act must do so according to form 1 contained in Appendix A. |
| (b) |
The application must inter alia contain— |
| (i) |
details of the classified information which form the subject of the application; |
| (ii) |
the reasons for disclosure of the information; |
| (iii) |
the purpose for which the information will be used; |
| (iv) |
details of any person who may receive the information; |
| (v) |
the manner in which the information will be disclosed. |
| (c) |
If the Director-General is of the opinion that he or she has been provided with insufficient information in the application, he or she may— |
| (i) |
reject the application; or |
| (ii) |
request further written information. |
(2) Hearing
| (a) |
The Director-General may, at his or her discretion, request the former member to appear at a hearing for the purpose of considering the application. |
| (b) |
The Director-General must determine the date for and place of the hearing. |
| (c) |
The former member may attend the hearing, but at his or her own expense. |
| (d) |
If the former member refuses or fails to attend a hearing when he or she was requested by the Director-General to do so according to regulation 3(2)(a), the Director-General may make his or her decision on the information available. |
(3) Decision and record of hearing
| (a) |
The Director-General must make a decision within a period not exceeding 30 consecutive days upon receiving the application. |
| (b) |
The Director-General must inform the former member of his or her decision, in writing, within a period of twenty (20) consecutive days after reaching a decision. |
| (c) |
The decision of the Director-General, accompanied by a record of the hearing must be provided to the former member who 'applied. This notification must include— |
| (i) |
the name and address of the former member; |
| (ii) |
a brief description of the application; |
| (iii) |
if the application is approved, the conditions upon which the consent is provided, which must include— |
| (aa) |
the manner of disclosure; |
| (bb) |
the information that may be disclosed; |
| (cc) |
to whom the information may be disclosed. |
| (iv) |
the date of the decision; |
| (v) |
if the application is unsuccessful, the reason(s) for the Director-General's decision; |
| (vi) |
the right of the former member to appeal against the Director-General's decision and/or the conditions to the Minister. |
| (d) |
The Director-General must keep record of all applications made to him or her as well as of decisions made by him or her. |
Protection of Businesses Act, 1978
