50 PLANT VARIETY PROTECTION No. 82 disclose any information acquired by him or her in the exercising of his or her powers or the performance of his or her duties in terms of this Act. Section 38 Defect in form not to invalidate documents A defect in the form of any document which is in terms of any law required to be executed in a specific manner, or in a notice issued in terms of this Act, shall not render unlawful an administrative action executed in respect of the manner to which such document or notice relates, and shall not be a ground for exception to any legal procedure which may be taken in respect of such matter, if the requirements and meaning thereof are substantially and intelligibly set forth. (2) Notwithstanding the provisions of subsection (1), the registrar may furnish to the holder of a plant breeder’s right or to the person to whom a licence was granted under section 25, any information he or she has acquired pertaining to any action which constitutes an infringement of the plant breeder’s right in question. Section 41 [Section 41 repealed by section 24 of Act No. 5 of 1980] Section 39 Preservation and proof of documents Section 42 (1) All documents lodged with the registrar in connection with plant breeders’ rights and any application for such rights shall, subject to the provisions of subsection (3), be preserved for the prescribed period. (2) Any document referred to in subsection (1) which in the opinion of the registrar may lie for inspection by the public shall upon payment of the prescribed fees be open for inspection during office hours at the office of the registrar, and copies thereof shall on request and upon payment of the prescribed fees be furnished to any person. Appeal against decision or action of the registrar (1) A person who feels aggrieved by any decision or action taken by the registrar in terms of this Act may, within the period and in the manner prescribed and upon payment of the prescribed fees, appeal to the Minister against the decision or action in question. (2) (a) The Minister shall refer to appeal for investigation and decision to a board the members of which shall be appointed by the Minister and which shall consist of- (3) Where an application for the grant of a plant breeder’s right has been withdrawn, the registrar shall return all the papers submitted in connection with the application, to the applicant at the address indicated in the application or, if this is not practicable, destroy them after expiry of the prescribed period. (4) The provisions of section 5(3) shall mutatis mutandis apply with reference to all documents lodged with the registrar. (i) one person designated as chairman on account of his knowledge of law; (ii) two persons who in the opinion of the Minister have expert knowledge of the subject of the appeal. (b) A person appointed under subparagraph (ii) of paragraph (a) shall be disqualified as a member of the board if he has any direct or indirect personal interest in the outcome of the appeal. Section 40 (3) (a) An appeal under subsection (1) shall be heard on the date and at the time and place fixed by the chairperson and he or she shall advise the person appealing and any other party that has an interest in the appeal, in writing thereof. Secrecy (1) No person, shall, except(a) in so far as it is necessary for the proper application of the provisions of this Act; or (b) The chairperson may, for the purposes of the hearing of an appeal (b) for the purposes of legal proceedings under this Act or any other law; or (c) when required to do so by any court or under any law; or (d) when authorized thereto by the Minister, SOUTH AFRICA (i) summon any person who may give material information concerning the subject of the hearing or who has in his or her possession or custody or under his or her control any document which has any bearing upon the subject of the hearing, to appear before him or her at a time and place specified in the summons, to be interrogated or to produce that document, and the registrar may retain Act - page 16