Page:Promotion of Access to Information Act 2000.djvu/6

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Part 1
Introductory provisions

Chapter 1
Definitions and interpretation

Definitions

1. In this Act, unless the context otherwise indicates—

“access fee” means a fee prescribed for the purposes of section 22(6) or 54(6), as the case may be;

“application” means an application 10 a court in terms of section 78;

“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

“court” means—

(a)

the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or

(b)

(i)

a High Court or another court of similar status; or

(ii)

a Magistrate's Court, either generally or in respect of a specified class of decisions in terms of this Act, designated by the Minister, by notice in the Gazette, and presided over by a magistrate designated in writing by the Minister, after consultation with the Magistrates Commission,

within whose area of jurisdiction—

(aa)

the decision of the information officer or relevant authority of a public body or the head of a private body has been taken;

(bb)

the public body or private body concerned has its principal place of administration or business; or

(cc)

the requester or third party concerned is domiciled or ordinarily resident;

“evaluative material” means an evaluation or opinion prepared for the purpose of determining—

(a)

the suitability, eligibility or qualifications of the person to whom or which the evaluation or opinion relates—

(i)

for employment or for appointment to office;

(ii)

for promotion in employment or office or for continuance in employment or office;

(iii)

for removal from employment or office; or

(iv)

for the awarding of a scholarship, award, bursary, honour or similar benefit; or

(b)

whether any scholarship, award, bursary, honour or similar benefit should be continued, modified, cancelled or renewed;

“head” of, or in relation to, a private body means—

(a)

in the case of a natural person, that natural person or any person duly authorised by that natural person;

(b)

in the case of a partnership, any partner of the partnership or any person duly authorised by the partnership;

(c)

in the case of a juristic person—

(i)

the chief executive officer or equivalent officer of the juristic person or any person duly authorised by that officer; or

(ii)

the person who is acting as such or any person duly authorised by such acting person;

“health practitioner” means an individual who carries on, and is registered in terms of legislation to carry on, an occupation which involves the provision of care or treatment for the physical or mental health or for the well-being of individuals;

“Human Rights Commission” means the South African Human Rights Commission referred to in section 181(1)(b) of the Constitution;

“individual's next of kin” means—

(a)

an individual to whom the individual was married immediately before the individual's death;

(b)

an individual with whom the individual lived as if they were married immediately before the individual's death;

(c)

a parent, child, brother or sister of the individual; or

(d)

if—