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). b. A foreign company investing on IT infrastructure in Cape Town. That's 2 down. 3 left today — send the next one.