PART IX FURTHER POWERS OF COMMISSION 50 Power of Commission to conduct investigations, audits or inquiries (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. 51 Restrictions on disclosure of information by Commission and staff (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 the 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 to— (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. 52 Delegation of powers by Commission (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. PART X REVIEWS BY THE COMMISSION 53 Right to request a review (1) A person who makes a request to a head of a public body, other than the Commission, for access to a record or for correction of personal information may request the Commission to review any decision or act of the head of that public body that relates to that request. (2) A third party notified of a decision to give access may request the Commission to review any decision made by the head of the public body. 54 Procedure for seeking review (1) For the purposes of this section, the failure by a head of a public body to respond within the time limit to a request for access to a record shall be deemed to be a decision to refuse access to the record. (2) A person requesting a review in terms of this Part shall make such request, in writing, to the Commission. (3) A request for a review of a decision of the head of a public body in terms of subsection (1) shall be made within 30 days from the date of the decision: Provided that the Commission may allow a longer period upon a request made to the Commissioner for the extension of the period. 55 Notice of review The Commission shall, on receiving a request for a review, give a copy of the request to the head of the public body and any other person that the Commission considers appropriate. 56 Inquiry by Commission (1) The Commission shall conduct an inquiry and may decide all questions of fact and law arising in the course of the inquiry. (2) An inquiry in terms of subsection (1) may be conducted in camera. (3) The Commission shall give the person Who requested the review, the head of the public body concerned or any person given a copy of the request for a review or anyone who has an interest in the matter, an opportunity to make representations during the inquiry. (4) The Commission may decide— (a) whether representations are to be made orally or in writing; and - 13 -