Entilini fights Cape Argus bid to publish Chapman's Peak findings

Chapman's Peak Drive toll road operator Entilini wants to keep details of its concession agreement with the Western Cape government confidential and has asked the province not to release to the Cape Argus the report of the task team that investigated the issue.

The Cape Argus has applied for a copy in terms of the Promotion of Access to Information Act (PAIA). The province has currently agreed to release just part of the report.

The task team was appointed by then premier Lynne Brown following growing outrage at the lengthy delay in re-opening the drive and at continuous payments to the concessionaire in terms of the the 30-year "build, operate, transfer" toll road contract.

Its report was handed to Brown just before the April elections but she refused to release its findings, citing commercial confidentiality.

New transport MEC Robin Carlisle said he would release the report but wanted to wait until negotiations with Entilini about a possible amended contract had progressed.

Acting in terms of the PAIA, Helen Zille's office informed Entilini about the application and invited it to make written representations as to why the request should be refused, or to its give written consent for the report's disclosure.

Last month, the company told the province the request should be refused.

This information is contained in a letter to the Cape Argus by the acting director-general of the provincial administration, advocate Brent Gerber, the designated PAIA information officer in the premier's office.

Gerber said he was refusing to grant the newspaper access to parts of the report containing financial and commercial information, "the disclosure of which would likely cause harm to Entilini's commercial and financial interests".

And, information supplied by the company in confidence, "the disclosure of which could reasonably be expected to put them at a disadvantage in contractual or other negotiations or to prejudice them in commercial competition", he said.

Gerber also noted that in terms of the agreement between the province and Entilini, the parties had agreed to keep confidential all information, data or other records.

"I have accordingly refused access to that part of the report that contains information and data of Entilini that the province agreed to keep confidential, as contemplated by section 49(4) of the Act (PAIA)."

The Cape Argus is entitled to appeal against this decision, and is taking legal advice.

http://www.capeargus.co.za/?fArticleId=5241085

Posted at 10:32AM Nov 12, 2009 by Editor in Residential  |  Comments[5]