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Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993)

21. Confidentiality

 

(1) A member of the Council, a member of any committee of the Council, any officer or employee of the Department, an inspector or any other person who is or was concerned in the performance of any function in terms of this Act, shall not disclose, transmit or make known to any person, whether within or outside the Republic, any information which he obtained in the performance of such a function or cause such information to be disclosed, transmitted or made known, except—
(a) to the Minister;
(b) to any person who of necessity requires it for the performance of his functions in terms of this Act or any other law;
(c) where he of necessity supplies it in the performance of his functions in terms of this Act;
(d) where it is required in terms of any law or as evidence in any court of law;
(e) to any competent authority within the Republic, or, with the written consent of the Council, to any authority outside the Republic which requires it for the institution, or an investigation with a view to the institution, of any criminal prosecution;
(f) by or on the authority of the Minister or the Council.

 

(2)

(a) If the Minister is of opinion that the disclosure of certain information may compromise the functions of the Council, or the interests of the industry, he may direct that any proceedings, excluding court proceedings, be held in camera.
(b) If any court is of opinion that the disclosure of certain information may compromise the functions of the Council, or the interests of the industry, it may direct that any proceedings before it be held in camera.