National Credit Act, 2005 (Act No. 34 of 2005)

Rules

Purchase

(1)	Confidential information includes any information containing or consisting of—

(a)	trade secrets;

(b)	financial, commercial, scientific or technical information, if disclosure of the information is likely to cause harm to the commercial or financial interests of a person; or

(c)	information supplied in confidence by a person, if the disclosure of the information could reasonably be expected to—

(i)	put that person at a disadvantage in contractual or other negotiations; or

(ii)	prejudice that person in commercial competition.

(2)	Any alleged confidential information forming part of an application, response or other written submission to the Tribunal must be contained in a separate annexure and clearly marked 'confidential'.

[Rule 32(2) substituted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]

(3)	Subject to an eventual finding that information is not confidential, information marked as confidential may be excluded from documents required to be served on parties under Table 2.

[Rule 32(3) substituted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]

(4)	When submitting any information claimed to be confidential, such person will include a written statement setting out the grounds for the claim of confidentiality.

[Rule 32(4) inserted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]

(5)	Within 10 business days of submission of the confidentiality claim, the Tribunal must notify such person as to whether or not the Tribunal will treat the information submitted as confidential.

[Rule 32(5) inserted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]

(6)	If the Tribunal has notified such a person that the information will not be treated as confidential, it may not make the information available to any other party at a time earlier than 5 days after having notified such person in terms of subrule (5).

[Rule 32(6) inserted by rule 22 of Notice 428 of 2011, GG 34405, dated 29 June 2011]