Protection of Businesses Act, 1978
R 385
Nuclear Energy Act, 1999 (Act No. 46 of 1999)Chapter V General Provisions51. Non-disclosure of Minister's reasons for decisions adversely affecting persons, permissible where security of Republic is involved |
| 1) | Whenever, in exercising any power or performing any function under this Act which affects or is likely to affect any person, or in proposing to do so, the Minister is satisfied on reasonable grounds that disclosure of the reasons for exercising or performing the power or function or proposing to do so will endanger or be harmful to the security of the Republic, the Minister need not disclose those reasons. |
| 2) |
| a) | Subsection (1) does not preclude any High Court from enquiring into and deciding on the validity of any non-disclosure purporting to be justified in terms of subsection (1). |
| b) | The court conducting such an enquiry may at any time on application by the Minister or of its own accord, order that the proceedings before it be conducted in camera if the interests of the security of the State so require. For that purpose the court must assess the matters raised and the evidence, statements and addresses that have been or may be tendered, made or given, as well as other developments in the matter, on an ongoing basis for potential danger or harm to the security of the Republic. |
