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Access to Information and Protection of Privacy Bill
November 30, 2001

Contents

PART IX

Further Powers of Commission

52. Power of Commission to conduct investigations, audits or inquiries.
53. Protection against actions for defamation.
54. Restrictions on disclosure of information by the Commission and staff.
55. Protection of Commission and staff from liability.
56. Delegation of powers by Commission

 

52   Power of Commission to conduct investigations, audits or inquiries   TOP

(1) For the purpose of conducting an investigation, inquiry or hearing in terms of this Act, the Commission shall have the same powers, rights, and privileges as are conferred upon a Commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and 15 to 18 of that Act shall apply, mutatis mutandis, in relation to any hearing and determination of any matter before the Commission under this Act and to any person summoned to give or giving evidence before the Commission.

(2) The Commission may require any record, including a record containing personal information held by a public body, to be produced as evidence.

(3) A public body requested by the Commission to produce a record in terms of subsection (2) shall do so within a period of 10 days from the day that such record was requested.

53   Protection against actions for defamation   TOP

Any statement made, information supplied or record produced by a person during an investigation or inquiry by the Commission shall be privileged and shall not subject the person to defamation charges.

54   Restrictions on disclosure of information by the Commission and staff   TOP

(1) The Commission and any person acting for or under its direction shall not disclose any information obtained during the performance of their duties, powers and functions under this Act, except in circumstances provided for in subsections (2) to (5).

(2) The Commission may disclose, or may authorise anyone acting on its behalf or under its direction to disclose information that is necessary toŚ

(a) conduct an investigation, audit or inquiry under this Act; or

(b) establish the grounds for findings and recommendations contained in a report made under this Act.

(3) In conducting an investigation, audit or inquiry under this Act and in a report made under this Act, the Commission and anyone acting for or under the direction of the Commission shall take every reasonable precaution to avoid disclosing information that a head of a public body may not disclose in terms of this Act.

(4) The Commission may disclose to the Attorney-General information relating to the commission of an offence if it considers that there is enough evidence to prove the commission of an offence.

(5) The Commission may disclose, or may authorise anyone acting for or under its direction to disclose information in an appeal.

55   Protection of Commission and staff from liability   TOP

No liability shall attach to the Commission, or to a person acting on behalf of or under its direction, for anything done, reported or said as a result of the bona fide exercise or performance or the intended exercise or performance of a duty, power or function conferred under this Act.

56   Delegation of powers by Commission   TOP

(1) The Commission may delegate to any person any duty, power or function under this Act except the power to delegate in terms of this section.

(2) A delegation made in terms of subsection (1) shall be in writing and may contain any conditions or restrictions that the Commission considers appropriate.

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