(1)
| (a) | Subject to the provisions of this section, the hearings of the court contemplated in this Act, except for ex parte applications, shall be open to the public. |
| (b) | If the High Court, in any proceedings before it, is satisfied that— |
| (i) | it would be in the interest of justice; or |
| (ii) | there is a likelihood that harm may ensue to any person as a result of the proceedings being open, |
it may direct that such proceedings be held behind closed doors and that the public or any category thereof shall not be present at such proceedings or any part thereof.
| (c) | An application for proceedings to be held behind closed doors may be brought by the National Director, the curator bonis referred to in section 28 or 42 and any other person referred to in paragraph (b)(ii), and such application shall be heard behind closed doors. |
[Section 74(1)(c) amended by section 39 of Act No. 24 of 1999]
| (d) | The High Court may at any time review its decision with regard to the question whether or not the proceedings shall be held behind closed doors. |
| (2) | Where the High Court under subsection (1)(b) on any grounds referred to in that subsection directs that the public or any category thereof shall not be present at any proceedings or part thereof, the High Court may— |
| (a) | direct that no information relating to the proceedings, or any part thereof held behind closed doors, shall be made public in any manner; |
| (b) | direct that no person, in any manner, make public any information which may reveal the identity of any witness in the proceedings, |
| (c) | give such directions in respect of the record of proceedings as may be necessary to protect the identity of any witness: |
Provided that the High Court may authorise the publication of so much information as it considers would be just and equitable.
| (3) | Any person who discloses any information in contravention of subsection (2) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding two years. |
