Page:Promotion of Access to Information Act 2000.djvu/10

10 No. 20852

Act No. 2, 2000 prohibits or restricts the disclosure of a record of a public body or private body; and

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 record of a public body in terms of any legislation referred to in Part 1 of the Schedule; or

a record of a private body in terms of any legislation referred to in Part 2 of the Schedule.

Act not applying to records required for criminal or civil proceedings after commencement of proceedings

7. (1) This Act does not apply to a record of a public body or a private body if—

that record is requested for the purpose of criminal or civil proceedings;

so requested after the commencement of such criminal or civil proceedings, as the case may be; and

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 the interests of justice.

Part 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—

may be either a public body or a private body in relation to a record of that body; and

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—

as a public body, must be made in terms of section 11; or

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 aceess 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.

Objects of Act

9. The objects of this Act are—

to give effect to the constitutional right of access to—

any information held by the State; and

any information that is held by another person and that is required for the exercise or protection of any rights;

to give effect to that right—

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

in a manner which balances that right with any other rights, including the rights in the Bill of Rights in Chapter 2 of the Constitution;

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