Chapter 8: Regulatory Agencies and Administration
Part B: Access to regulatory agency information and records

R176: Restricted information

  • (1) The provisions of this Part are subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), and the provisions of that Act prevail in the case of a conflict between any such provisions and any provision of this Part.
    • (2) For the purpose of this Part, the following five classes of information are restricted:
      • (a) Information that has been determined to be confidential information in terms of section 212;
        • (b) Identity of a complainant, in the following circumstances:
          • (i) A person who provides information in terms of section 159 may request that the Commission or Panel treat their identity as restricted information; but that person may be a complainant in the relevant matter only if they subsequently waive the request in writing.
            • (ii) If a person has requested in terms of sub-paragraph (i) that the Commission or Panel treat their identity as restricted information-
              • (aa) The Commission or Panel must accept that request; and
                • (bb) That information is restricted unless the person subsequently waives the request in writing.
              • (c) Information that has been received by the Commission or Panel in a particular matter, other than that referred to in paragraphs (a) and (b), as follows:
                • (i) The description of conduct attached to a complaint, and any other information received by the Commission or Panel during its investigation of the complaint, is restricted information until the Commission or Panel issues a referral or notice of non-referral in respect of that complaint, but a completed Form CoR 135.1 is not restricted information.
                • (d) A document-
                  • (i) that contains-
                    • (aa) an internal communication between officials of a regulatory agency, or between one or more such officials and their advisors;
                      • (bb) an opinion, advice, report or recommendation obtained or prepared by or for a regulatory agency;
                        • (cc) an account of a consultation, discussion or deliberation that has occurred, including, but not limited to, minutes of a meeting, for the purpose of assisting to formulate a policy or take a decision in the exercise of a power or performance of a duty conferred or imposed on a regulatory agency by law; or
                        • (ii) the disclosure of which could reasonably be expected to frustrate the deliberative process of a regulatory agency by inhibiting the candid-
                          • (aa) communication of an opinion, advice, report or recommendation;
                            • or
                            • (bb) conduct of a consultation, discussion or deliberation; or
                            • (iii) the disclosure of which could, by premature disclosure of a policy or contemplated policy, reasonably be expected to frustrate the success of that policy.
                            • (e) Any other document to which a public body would be required or entitled to restrict access in terms of the Promotion of Access to Information Act, 2000 (Act No.2 of 2000).

                            Related Regulations

                            No related regulations.

                            Related Sections

                            No related sections.

                            Related Notes

                            No related note.

                            Related Forms

                            No related forms.