In terms of section 239 of the Constitution, an "organ of state" includes:

In terms of section 239 of the Constitution, an "organ of state" includes:

1. Any department of state or administration in the national, provincial, or local sphere of government.
2. Any other functionary or institution (a) exercising a public power or performing a public function in terms of the Constitution or a provincial constitution; or (b) exercising a public power or performing a public function in terms of any legislation.

Let's evaluate each option:

• a) Any department of state or administration such as Department of Agriculture, Forestry and Fishers. This falls directly under the first part of the definition as a department of state.
• b) A foreign company investing on IT infrastructure in Cape Town. A foreign company is a private entity. Simply investing in infrastructure, even if it benefits the public, does not automatically mean it is exercising a public power or performing a public function in terms of the Constitution or legislation. This is typically a commercial activity.
• c) Any natural or juristic person performing public functions. This aligns with the second part of the definition, specifically mentioning performing public functions.
• d) Any local municipality collecting waste from households. A local municipality is an administration in the local sphere of government, and waste collection is a public function. This falls under the first part of the definition.
• e) University of Gauteng admitting 1st year students. Public universities are established by legislation and perform public functions (education), making them organs of state.
• f) Eskom distributing electricity household smart meters. Eskom is a state-owned enterprise performing a public function (electricity distribution) in terms of legislation, making it an organ of state.

Therefore, the entity that DOES NOT fall within the definition of an organ of state is a foreign company merely investing in IT infrastructure.

The correct option is b).
$\boxed{\text{b. A foreign company investing on IT infrastructure in Cape Town.}}$