X(). 208s2
I (1
Act NO.
2,2000
GOVERN\lENT GAZE~E. 3 FEBRU.\RY 200[)
PROJ1OTION OF ACCESS TO INFORhlATION ACT, 2000
(a) prohibits or restricts the disclosure of a record of a public body or private
body; and
(b) is materially inconsistent with an object. or a specific provision, of this Act.
Application of other legislation providing for access
6. Nothing in this Act prevents the giving of access to—
(a) a record of a public body in terms of any legislation referred to in Part 1 of the
Schedule; or
(b) a record of a private body in terms of any legislation referred to in Part 2 of the
Schedule.
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Act not applying to records required for criminal or civil proceedings after 10
commencement of proceedings
7. (1) This Act does not apply to a record of a public body or a private body if—
(a) that record is requested for the purpose of criminal or civil proceedings;
(b) so requested after the commencement of such criminal or civil proceedings, as
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the case may be; and
(c) the production of or access to that record for the purpose referred to in
paragraph (a) is provided for in any other law.
(2) Any record obtained in a manner that contravenes subsection(1) is not admissible
as evidence in the criminal or civil proceedings referred to in that subsection unless the
exclusion of such record by the court in question would, in its opinion, be detrimental to 20
the interests of justice.
Pati applicable when performing functions as public or private body
8.( 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 25
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 30
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
35
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.
CHAPTER 3
GENERAL INTRODUCTORY PROVISIONS
Objects of Act
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9. The objects of this Act are—
(a) to give effect to the constitutional right of access t~
(i) any information held by the State; and
(ii) any information that is held by another person and that is requiredfor the
exercise or protection of any rights;
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(b) to give effect to that nght—
(i) subject to justifiable limitations, including, but not limited to, limitations
aimed at the reasonable protection of privacy, commercial confidentiality
and effective, efficient and good governance; and
(ii) in a manner which balrmces that right with any other rights, including the 50
rights in the Bill of Rights in Chapter 2 of the Constitution;
(c) to give effect to the constitutional obligations of the State of promoting a
human rights culture and social justice, by including public bodies in the
definition of “requester”, allowing them, amongst others, to access informa-