Page:Promotion of Access to Information Act 2000.djvu/9

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(ii)

a person acting on behalf of the person referred to in subparagraph (i);

(b)

a private body, means—

(i)

any person, including, but not limited to, a public body or an official thereof, making a request for access to a record of that private body; or

(ii)

a person acting on behalf of the person contemplated in subparagraph (i);

“subversive or hostile activities” means—

(a)

aggression against the Republic;

(b)

sabotage or terrorism aimed at the people of the Republic or a strategic asset of the Republic, whether inside or outside the Republic;

(c)

an activity aimed at changing the constitutional order of the Republic by the use of force or violence; or

(d)

a foreign or hostile intelligence operation;

“third party”, in relation to a request for access to—

(a)

a record of a public body, means any person (including, but not limited to, the government of a foreign state, an international organisation or an organ of that government or organisation) other than—

(i)

the requester concerned; and

(ii)

a public body; or

(b)

a record of a private body, means any person (including, but not limited to, a public body) other than the requester,

but, for the purposes of sections 34 and 63, the reference to “person” in paragraphs (a) and (b) must be construed as a reference to “natural person”;

“this Act” includes any regulation made and in force in terms of section 92;

“transfer”, in relation to a record, means transfer in terms of section 20(1) or (2), and “transferred” has a corresponding meaning;

“working days” means any days other than Saturdays, Sundays or public holidays, as defined in section 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994).

Interpretation of Act

2. (1) When interpreting a provision of this Act, every court must prefer any reasonable interpretation of the provision that is consistent with the objects of this Act over any alternative interpretation that is inconsistent with those objects.

(2) Section 12 must not be construed as excluding—

(a)

the Cabinet and its committees; or

(b)

an individual member of Parliament or of a provincial legislature,

from the operation of the definition of “requester” in relation to a private body in section 1, section 49 and all other provisions of this Act related thereto.

(3) For the purposes of this Act, the South African Revenue Service, established by section 2 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), and referred to in section 35(1), is a public body.

Chapter 2
General application provisions

Act applies to record whenever it came into existence

3. This Act applies to—

(a)

a record of a public body; and

(b)

a record of a private body,

regardless of when the record came into existence.

Records held by official or independent contractor of pubUc or private body

4. For the purposes of this Act, but subject to section 12, a record in the possession or under the control of—

(a)

an official of a public body or private body in his or her capacity as such; or

(b)

an independent contractor engaged by a public body or private body in the capacity as such contractor,

is regarded as being a record of that public body or private body, respectively.

Application of other legislation prohibiting or restricting disclosure

5. This Act applies to the exclusion of any provision of other legislation that—