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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 1 : Introductory Provisions

Chapter 2 : General Application Provisions

8. Part applicable when performing functions as public or private body

 

 

1) For the purposes of this Act, a public body referred to in paragraph (b)(ii) of the definition of "public body" in section 1, or a private body—
a) may be either a public body or a private body in relation to a record of that body; and
b) may in one instance be a public body and in another instance be a private body, depending on whether that record relates to the exercise of a power or performance of a function as a public body or as a private body.

 

2) A request for access to a record held for the purpose or with regard to the exercise of a power or the performance of a function—
a) as a public body, must be made in terms of section 11; or
b) as a private body, must be made in terms of section 50.

 

3) The provisions of Parts 1, 2, 4, 5, 6 and 7 apply to a request for access to a record that relates to a power or function exercised or performed as a public body.

 

4) The provisions of Parts 1, 3, 4, 5, 6 and 7 apply to a request for access to a record that relates to a power or function exercised or performed as a private body.