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 “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.
What this means in practice
- Some bodies act publicly in one capacity and privately in another; this decides which track a request runs on — s.11 (public) or s.50 (private) — depending on the function the record relates to.
- Getting the track right matters, because the private-body route requires showing the right being protected while the public-body route doesn't.
PopiGuard helps dual-capacity bodies classify each record correctly and answer on the right track.