PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 11 of 70
1994).
2 Interpretation of Act
(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 50 and all other provisions of this Act related thereto.
[Sub-s. (2) amended by s. 22 of Act 42 of 2001 (wef 7 December 2001).]
(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 34 of 1997), and
referred to in section 35 (1), is a public body.
CHAPTER 2
GENERAL APPLICATION PROVISIONS (ss 3-8)
3 Act applies to record whenever it came into existence
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.
4 Records held by official or independent contractor of public or private
body
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.
5 Application of other legislation prohibiting or restricting disclosure
This Act applies to the exclusion of any provision of other legislation that(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.
6 Application of other legislation providing for access
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.
7 Act not applying to records requested for criminal or civil proceedings
after commencement of proceedings
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