22
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(a)
any information designated as confidential as contemplated in
subsection (1) and in respect of which the person who submitted the
information was not informed as contemplated in subsection (2);
(b)
any information withdrawn in terms of subsection (3)(b) or (5); or
(c)
any information in respect of which the Authority has made a finding
that such information is confidential as contemplated in subsection (5),
is guilty of an offence and, on conviction, liable to a fine not exceeding N$5000
or imprisonment for a period not exceeding one year or both such fine and such
imprisonment.
Confidential communications with Authority
29.
(1)
Any person may submit a request to the Authority requesting
that a confidential meeting must be held between that person and the Authority.
(2)
A request referred to in subsection (1) must contain a brief summary of
the issues that the person who makes the request intends to discuss with the Authority
as well as any other information that may be prescribed.
(3)
The Authority may grant or refuse a request referred to in subsection
(1) as it may consider desirable.
(4)
If the Authority grants a request referred to in subsection (1), it must
issue a notice that is made known in the prescribed manner, which –
(a)
must indicate the topic of the meeting; and
(b)
must indicate which parties will attend the meeting.
(5)
Any information that comes to the notice of the Authority as a result
of a meeting contemplated in subsection (1), must be treated as confidential and the
provisions of section 28 apply to such information with the necessary changes, unless –
(a)
the Authority has obtained the same information from another source;
or
(b)
the Authority intends to take any action against a person and the person
to whom the information relates cannot be given a fair hearing, if the
information concerned is not revealed to him or her.
Procedural regulations
30.
(1)
As soon as possible after the commencement of this Act, the
Authority must make regulations that prescribe the procedures to be followed at a
hearing by the Authority and that may –
(a)
prescribe the manner in which evidence must be presented at such
hearings;
(b)
prescribe the circumstances under which and the procedure to be
followed when the Authority must determine if, a hearing must be
public;