(1) A member of the Commission and every member of the staff of the Commission shall, with regard to

(a) any matter dealt with by the Commission or that member of staff; or

(b) information which comes to the Commission's or member of staff's knowledge in the performance of the functions or duties of the Commission or of the member of staff, preserve and assist in the preservation of those matters which are confidential in terms of the provisions of this Act or which have been declared confidential by the Commission.

(2) A person holding office or appointment under the Commission who is likely to have access to confidential information of the Commission shall before proceeding to carry out the functions under this Act, take or subscribe to the Oath of Secrecy set out in the Second Schedule to the Constitution.

(3) The Commission shall determine the category of persons to whom subsection (2) of this section shall apply.

(4) A member of the Commission shall not, except

(a) for the purpose of the exercise of the powers;

(b) the performance of the functions;

(c) the carrying out of the duties of office;

(d) when required by a court of law to do so; or

(e) under any law, disclose to any person any information acquired by the member by reason of being a member of the Commission.

(5) Subject to subsection (4) and section 18, a person shall not disclose or make known any information that is confidential by virtue of any provision of this Act.

(6) A person who is not authorised by the Commission shall not have access to any information that is confidential by virtue of this Act.

(7) Subject to the Public Records and Archives Administration Act, 1997 (Act 535), the Commission shall, upon the conclusion of its work, give directions as to the treatment, storage, safe-keeping and disposal of any information, material, record or document collected, gathered or used by it in the course of its work.

(8) A member of the Commission shall not

(a) through association, statement, conduct or in any other manner jeopardize the independence or harm the credibility, impartiality or integrity of the Commission;

(b) make use of or profit from any confidential information gained as a result of membership of the Commission; or

(c) divulge any information relating to the work of the Commission to any other person except in the course of the performance of the functions of the member.

(9) A member of the Commission who contravenes any of the provisions of subsection (8) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both.