Section 51A: Protection of informers

51A. Protection of informers (1) Where the Executive Director receives information to the effect that a restrictive business practice has occurred, is occurring or is about to occur, the information and the identity of the informer shall, at the request of the informer, be treated as confidential between the Commission and the informer, and any matter relating to the information shall be privileged and shall not, subject to subsection (4), be disclosed in any proceedings before the Commissioners or any Court, tribunal or other authority. (2) Where the Executive Director certifies in writing that an informer has made a request under subsection (1), the certificate shall be received as evidence of the fact before the Commissioners or any Court, tribunal or other authority without the need to prove the signature of the Executive Director. (3) Where any record, which is given in evidence or liable to inspection in any civil or criminal proceedings, contains an entry relating to an informer or the information given by the informer, the Executive Director shall, subject to subsection (4), cause all parts relating to the informer or the information given to be concealed from view so as to protect the identity of the informer. (4) (a) Any person having an interest in the information received by the Executive Director under subsection (1) may apply to a Judge in Chambers for an order directing the Executive Director to disclose the identity of the informer or any information received. (b) The Judge shall issue an order under paragraph (a) where he is satisfied that— (i) criminal proceedings have been or are being instituted against the informer and information received under subsection (1) is essential to these proceedings; or (ii) the identity of an informer or any information received under subsection (1) is essential to the defence of a person against whom criminal proceedings have been instituted; and (iii) no prejudice will be caused to the informer following the disclosure of his identity or any information received under subsection (1). [S. 51A inserted by s. 6 (c) of Act 27 of 2012 w.e.f. 22 December 2012.] C36A – 21 [Issue 5] Competition Act