PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 Page 12 of 70 (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 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 the interests of justice. [S. 7 amended by s. 23 of Act 42 of 2001 (wef 7 December 2001).] 8 Part applicable when performing functions as public or private body (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 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 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 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 (ss 9-10) 9 Objects of Act The objects of this Act are(a) to give effect to the constitutional right of access to(i) (ii) (b) to give effect to that right(i) (ii) (c) 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; 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 information from private bodies upon compliance with the four requirements in this Act, including an additional obligation for certain public bodies in certain instances to act in the public interest; http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&functio... 2016/12/02