While the purpose of repealing this provision is presumably to promote transparency, we submit that the repeal of the provision in its entirety may lend itself to an unjust result in certain circumstances. The repeal of the provision will essentially mean that persons performing any duties in terms of the Act will be at liberty to provide any third party with the results of investigations and also any information relating to the performance of such duties, without authority from the Director-General.

The concern is naturally that irreparable damage may result for a particular entity, should incorrect information be released, alternatively should information be released prematurely_ In an industry which has become increasingly competitive, the possibility of damaging competitor activities cannot be ignored.

Moreover, it is often the case that an entity's continued existence resides in its reputation among its consumers. The damage to an entity's reputation by the release of premature and incorrect information will most certainly lead to damaging consequences.

In the circumstances, we believe that the continued existence of section 16 of the Act is necessary to prevent an unjust and actionable situation from arising. We are of the view that the repeal of this provision is not warranted in the circumstances.

We trust that the above is in order.