Transnet Ltd and Another v SA Metal Machinery Company (Pty) Ltd (147/2005) [2005] ZASCA 113; [2006] 1 All SA 352 (SCA); 2006 (4) BCLR 473 (SCA); 2006 (6) SA 285 (SCA) (29 November 2005)

Transnet Ltd and Another v SA Metal Machinery Company (Pty) Ltd (147/2005) [2005] ZASCA 113; [2006] 1 All SA 352 (SCA); 2006 (4) BCLR 473 (SCA); 2006 (6) SA 285 (SCA) (29 November 2005)

The Supreme Court of Appeal held that the statutory grounds for refusing access to the detailed price composition of the successful tenderer under the Promotion of Access to Information Act were not established. The court found that disclosure of the rates would not result in probable commercial harm to Inter Waste, as the information did not enable deduction of confidential variables such as profit margins or proprietary assessments. The confidentiality clause in the tender agreement was interpreted as protecting the total tender price only during the pre-award phase; after the contract was awarded, the imperative of transparency and accountability required disclosure. The court further...

Citation
[2005] ZASCA 113
Parties
Appellant: Transnet Limited; Appellant: Inter Waste (Pty) Ltd; Respondent: SA Metal Machinery Company (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2005
Case Number
147/2005
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed with costs; order for disclosure of the completed schedule of prices confirmed.
Judges
Howie, Zulman, Cameron, Mlambo, Nkabinde
Legal Topics
Promotion of Access to Information Act, Public Body Disclosure, Confidentiality Clauses, Judicial Discretion, Constitutional Right of Access
Administrative Law Civil Procedure Promotion of Access to Information Act Public Body Disclosure Confidentiality Clauses Judicial Discretion Constitutional Right of Access

Case Brief

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Parties

Transnet Limited

Appellant

Inter Waste (Pty) Ltd

Appellant

SA Metal Machinery Company (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether disclosure of the successful tenderer's detailed price composition under the Promotion of Access to Information Act should be refused on grounds of commercial harm or confidentiality.
  2. 2 Whether the court has discretion under section 82 of the Act to refuse access even if the statutory grounds for refusal are not established.
  3. 3 Whether the confidentiality clause in the tender agreement validly prevents disclosure after the contract award.

Ratio Decidendi

The Supreme Court of Appeal held that the statutory grounds for refusing access to the detailed price composition of the successful tenderer under the Promotion of Access to Information Act were not established. The court found that disclosure of the rates would not result in probable commercial harm to Inter Waste, as the information did not enable deduction of confidential variables such as profit margins or proprietary assessments. The confidentiality clause in the tender agreement was interpreted as protecting the total tender price only during the pre-award phase; after the contract was awarded, the imperative of transparency and accountability required disclosure. The court further...

Court Disposition

Appeal dismissed with costs; order for disclosure of the completed schedule of prices confirmed.

Orders

  • The appeal is dismissed with costs.
  • Transnet Limited is ordered to furnish SA Metal Machinery Company (Pty) Ltd with the completed schedule of prices submitted by Inter Waste (Pty) Ltd, without deletions.