"(2) If, where an application for a patent is made, it appears to the registrar that the invention in respect of which the application is made-

(a) might be used in any manner contrary to law; or

(b) where it relates to the production or use of nuclear energy or to the production, processing or use of nuclear material or restricted matter as defined in section 1 of the Nuclear Energy Act, 1999, might be used for a purpose or in a manner-

(i) that will be harmful to or endanger the security of the Republic; or

(ii) that is not permissible in terms of the Nuclear Non-Proliferation Treaty or the Safeguards Agreement or in terms of any other agreement of that kind between the Republic (including its national agency with regard to nuclear matters) and any other state or any international or multinational nuclear agency or institution.

the registrar may refuse the application unless the specification is amended by the addition of such disclaimer in respect of that invention, or such other reference to the illegality, harmfulness, endangerment or unlawfulness thereof, as the registrar may determine: Provided that, in the case of an invention mentioned in paragraph (b)(ii), the disclaimer shall be determined in consultation with the Minister of Minerals and Energy." and

"(3) The registrar shall not dispose of any application for a patent in respect of an invention mentioned in subsection (2)(b), unless he or she has informed the Minister of Minerals and Energy thereof in writing with a view to enabling that Minister, if considered necessary, to take action in terms of section 41 of the Nuclear Energy Act, 1999, or make representations or take appropriate steps for the purposes of subsection (2) of this section or section 79 of this Act, and has given that Minister sufficient opportunity to do so.".

"(b) The proprietor of an invention relating to the production or use of nuclear energy or the production, processing or use of nuclear material or restricted matter as defined in section 1 of the Nuclear Energy Act, 1999, shall, if called upon to do so by the Minister of Minerals and Energy, assign the invention or the patent obtained or to be obtained for the invention, to the Minister of Minerals and Energy on behalf of the State-

(i) if the interests of the security of the Republic so require. However, such an assignment may be made only at the request of the Minister of Defence;

(ii) if the commercial exploitation of the invention is not permissible in terms of the Nuclear Non-Proliferation Treaty or the Safeguards Agreement as defined in section 1 of the Nuclear Energy Act, 1999, or in terms of any other agreement of that kind between the Republic (including its national agency with regard to nuclear matters) and any other state or any international or multi-national nuclear agency or institution.";

"(3) Where an invention has been so assigned-

(a) the Minister of Defence may, in respect of an invention contemplated in subsection (1)(a), by notice in writing to the registrar direct that the invention and the manner in which it is to be performed, shall be kept secret;

(b) the Minister of Minerals and Energy shall, in respect of an invention contemplated in paragraph (b)(i) or (ii) of subsection (1), by notice in writing to the registrar direct that the invention and the manner in which it is to be performed, shall be kept secret."

"(7) (a) The Minister of Defence may by notice in writing to the registrar direct that any invention of the nature mentioned in subsection (1)(a) and in respect of which a direction of secrecy had been issued in terms of subsection (3), need no longer be kept secret.

(b) When the circumstances mentioned in subsection (1)(b) no longer exist in relation to an invention of the nature mentioned in that subsection, the Minister of Minerals and Energy may by notice in writing to the registrar direct that the invention concerned need no longer be kept secret.

(c) Where a direction of secrecy no longer applies, the specifications, drawings and other documents relating to the invention concerned will be open to inspection by the public, and may be published, in all respects as if such a direction had not been issued.".

"(1A) The Minister shall, in the case of an invention relating to the production or use of nuclear energy, or the production, processing or use of nuclear material or restricted matter as defined in section 1 of the Nuclear Energy Act, 1999, make such an order if requested thereto in writing by the Minister of Minerals and Energy on the grounds that disclosure or publication of such an application, specification, drawing or other document-

(a) will or is likely to be harmful to or endanger the security of the Republic. However, the Minister of Minerals and Energy may make such a request only at the instance of the Minister of Defence;

(b) is not permissible, or will constitute a breach of the Republic’s obligations, in terms of the Nuclear Non-Proliferation Treaty or the Safeguards Agreement as defined in section 1 of the Nuclear Energy Act, 1999, or any other agreement of that kind between the Republic (including its national agency with regard to nuclear matters) and any other state or any international or multinational nuclear agency or institution."