No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
21
COMMUNICATIONS ACT, 2009
(8)
The request for documents or information referred to in subsection
(7) must be made in writing and reasonably describe the documents or information
sought.
(9)
Requests referred to in subsection (8) may be sent by mail, telefax or
any other appropriate means.
(10)
The Authority may prescribe procedures for making requests referred
to in subsection (8), which procedures may include the payment of reasonable fees.
(11)
Documents requested in terms of subsection (8) must be furnished
without charge or at a charge less than the fees referred to in subsection (10), if disclosure
of the information is likely to contribute significantly to public understanding of the
operations or activities of the Authority and is not primarily in the commercial interest
of the requesting party.
Confidential information
28.
(1)
Any submission to the Authority may designate such
information contained in the submission as may be specified in the designation
concerned as a business secret or as other financial, commercial, scientific or technical
information that is confidential.
(2)
If the Authority has reason to believe that information designated in
terms of subsection (1) is not confidential as contemplated in that subsection, it must
inform the person who submitted that information of the reasons for its belief.
(3)
A person who is informed as contemplated in subsection (2), may –
(a)
withdraw the information;
(b)
consent that the information must not be regarded as confidential;
(c)
request that the Authority conducts a hearing that is closed to the
public, to determine whether the information is confidential.
(4)
In a hearing referred to in subsection (3)(c), the person who claims
that the information is confidential has the burden of proving that the information is
confidential.
(5)
If the Authority finds after a hearing referred to in subsection (3)(c) that
the information concerned is not confidential, that information may not be regarded as
confidential and must be dealt with as provided in section 27, unless the person who
submitted that information withdraws it.
(6)
Information withdrawn as contemplated in subsection (3)(a) or
subsection (5) –
(a)
may not be revealed under section 27;
(b)
must be disregarded in the consideration of any matter considered by
the Authority.
(7)
Any person who discloses —