(c) at the request of an inspector, the chairperson or any other member entitled to receive the information. Disclosure of private interest by staff 56. (1) The Secretary, an inspector or any other person employed by the Commission who has a financial or other personal interest in any matter which is the subject of an investigation by the Commission - (a) must disclose that interest to the chairperson; and (b) unless the Commission otherwise directs, may not participate or assist in the investigation of that matter. (2) The Secretary, an inspector or any other person employed by the Commission may not use any confidential information obtained in the performance of their functions to obtain, directly or indirectly, a financial or other advantage for himself or herself or any other person. Time within which investigation may be initiated 57. An investigation into an alleged infringement of the Part I or the Part II prohibition may not be initiated three years from the date the infringement has ceased. Limitation of liability Neither the Commission nor any member, the Secretary, any employee of the 58. Commission or any other person engaged by the Commission in connection with any function of the Commission is liable in respect of anything done in good faith in terms of this Act. Standard of proof 59. In any proceedings in terms of this Act, other than proceedings in terms of section 39(2) or criminal proceedings; the standard of proof is on a balance of probabilities. CHAPTER 7 OFFENCES AND PENALTIES Hindering administration of Act 60. A person commits an offence who hinders, opposes, obstructs or unduly influences any person who is exercising a power or performing a duty conferred or imposed on that person by this Act. Failure to comply with summons 61. A person commits an offence who - (a) having been duly summoned to attend before the Commission, without reasonable excuse fails to do so; or (b) in attendance as required - (i) refuses to take an oath or affirmation lawfully required by the Commission;
(c) at the request of an inspector, the chairperson or any other member entitled to receive the information. Disclosure of private interest by staff 56. (1) The Secretary, an inspector or any other person employed by the Commission who has a financial or other personal interest in any matter which is the subject of an investigation by the Commission - (a) must disclose that interest to the chairperson; and (b) unless the Commission otherwise directs, may not participate or assist in the investigation of that matter. (2) The Secretary, an inspector or any other person employed by the Commission may not use any confidential information obtained in the performance of their functions to obtain, directly or indirectly, a financial or other advantage for himself or herself or any other person. Time within which investigation may be initiated 57. An investigation into an alleged infringement of the Part I or the Part II prohibition may not be initiated three years from the date the infringement has ceased. Limitation of liability 58. Neither the Commission nor any member, the Secretary, any employee of the Commission or any other person engaged by the Commission in connection with any function of the Commission is liable in respect of anything done in good faith in terms of this Act. Standard of proof 59. In any proceedings in terms of this Act, other than proceedings in terms of section 39(2) or criminal proceedings; the standard of proof is on a balance of probabilities. CHAPTER 7 OFFENCES AND PENALTIES Hindering administration of Act 60. A person commits an offence who hinders, opposes, obstructs or unduly influences any person who is exercising a power or performing a duty conferred or imposed on that person by this Act. Failure to comply with summons 61. A person commits an offence who - (a) having been duly summoned to attend before the Commission, without reasonable excuse fails to do so; or (b) in attendance as required - (i) refuses to take an oath or affirmation lawfully required by the Commission;
Competition%20Act%202%20of%202003.docx