The law treats a private body differently from a public body so it is essential that you know the difference. Some laws (like POPIA and PAIA) require private bodies to do specific things (like submit a PAIA report).

How the law defines a private body

According to PAIA “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; or
  • a political party,

but excludes a public body. (See section 1 of PAIA)

Anyone who carries on any trade, business or profession

A private body includes anyone who carries on (or carried on) a trade. So, it includes a coffee shop, a sole proprietor and a street vendor.

All juristic persons are private bodies

A private body includes all juristic persons regardless of whether they carry on any trade, business or profession. It includes the five different types of companies in South Africa.

A juristic person is a social entity, a community or an association of people which has an independent right of existence under the law. The law of persons recognises three categories of juristic persons.

  1. Associations established in separate legislation.
  2. Associations incorporated in terms of enabling legislation.
  3. Associations which comply with the common-law requirements for the establishment of a juristic person.

What is a public body?

According to PAIA “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.