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Securities Services Act, 2004 (Act No. 36 of 2004)

Chapter VIII : Market Abuse

Offences

74. Publication

 

(1) For the purposes of the definition of "inside information", information is regarded as having been made public in circumstances which include, but are not limited to, the following:
(a) When the information is published in accordance with the rules of the relevant regulated market for the purpose of informing clients and their professional advisers;
(b) when the information is contained in records which by virtue of any enactment are open to inspection by the public; or
(c) when the information can be readily acquired by those likely to deal in any listed securities
(i) to which the information relates; or
(ii) of an issuer to which the information relates; or
(d) when the information is derived from information which has been made public.

 

(2) Inside information which would otherwise be regarded as having been made public must still be so regarded even though—
(a) it can be acquired only by persons exercising diligence or observation, or having expertise;
(b) it is communicated only on payment of a fee;
(c) or it is only published outside the Republic.