(a)
an official of a public body or private body in his or her capacity as such; or
(b)
an in dependant 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 required for criminal or civil proceedings after commencement of
proceedings
(I)
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 (I) 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.
8
Part applicable when performing functions as public or private body
(I)
For the purposes of this Act. a public body referred to in paragraph (b) (ii) of the definition of
‘public body’ in section I 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 or 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 II; or
(b)
as a private body, must be made in terms of section 50.