Page:Promotion of Access to Information Act 2000.djvu/8

8No. 20852

Act No. 2, 2000 but excludes information about an individual who has been dead for more than 20 years;

“personal requester” means a requester seeking access to a record containing personal information about the requester;

“prescribed” means prescribed by regulation in terms of section 92;

“private body” means—

a natural person who carries or has carried on any trade, business or profession, but only in such capacity;

a partnership which carries or has carried on any trade, business or profession;

any former or existing juristic person,

but excludes a public body;

“public safety or environmental risk” means harm or risk to the environment or the public (including individuals in their wmkplace) associated with—

a product or service which is available to the public;

a substance released into the environment, including, but not limited to, the workplace;

a substance intended for human or animal consumption;

a means of public transport; or

an installation or manufacturing process or substance which is used in that installation or process;

“public body” means—

any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or

any other functionary or institution when—

exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or

exercising a public power or performing a public function in terms of any legislation;

“record” of, or in relation to, a public or private body, means any recorded information—

regardless of form or medium;

in the possession or under the control of that public or private body, respectively; and

whether or not it was created by that public or private body, respectively;

“relevant authority”, in relation to—

a public body referred to in paragraph (a) of the definition of “public body” in the national sphere of goveriment, means—

in the case of the Office of the Presidency, the person designated in writing by the President; or

in any other case, the Minister responsible for that public body or the person designated in writing by that Minister;

a public body referred to in paragraph (a) of the definition of “public body” in the provincial sphere of government, means—

in the case of the Office of a Premier, the person designated in writing by the Premier; or

in any other case, the member of the Executive Council responsible for that public body or the person designated in writing by that member; or

a municipality, means—

the mayor;

the speaker; or

any other person,

designated in writing by the Municipal Council of that municipality;

“request for access”, in relation to—

a public body, means a request for access to a record of a public body in terms of section 11; or

a private body, means a request for access to a record of a private body in terms of section 50;

“requester”, in relation to—

a public body, means—

any person (other than a public body contemplated in paragraph (a) or (b)(i) of the definition of “public body”, or an official thereof) making a request for access to a record of that public body; or