INTERNAL APPEAL PURSUANT TO THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000

The Centre for Environmental Rights (CER) filed an internal appeal on 13 December 2019 against the Department of Environment, Forestry and Fisheries' decision to redact greenhouse gas (GHG) emission data and pollution prevention plans for several major South African emitters. The CER argues that the Department failed to provide adequate reasons for the redactions and that the information is of fundamental public interest, overriding claims of commercial confidentiality.

• The Centre for Environmental Rights (CER) is appealing a decision by the Department of Environment, Forestry and Fisheries to redact GHG emission data and pollution prevention plans, asserting that such information "is not, and cannot be, commercially confidential."
• The CER's PAIA request sought records from 16 entities, including Eskom Holdings SOC Ltd, Sasol Ltd, ArcelorMittal South Africa Ltd, and Anglo American Plc, specifically requesting GHG emission data reports, pollution prevention plans, and annual progress reports.
• The Department granted partial access but redacted numerical values of unit activities in GHG emission reports, expected GHG emissions in pollution prevention plans, and anticipated emission reductions in annual progress reports for companies such as Eskom, Sasol, and ArcelorMittal.
• The CER argues the Respondent failed to provide adequate reasons for the redactions, stating that simply quoting sections 28 and 36 of PAIA is insufficient to meet the requirements of section 25(3) of the Act.
• The appeal contends that the Department failed to discharge its onus of proof to show that the requested information would likely cause harm to the commercial or financial interests of the third parties.
• The CER points to international precedents in Australia and the United Kingdom where GHG emission and energy consumption data are proactively published or cannot be refused on the basis of commercial confidentiality.
• The CER asserts a 'public interest override' under section 46 of PAIA, arguing that the risk of GHG emissions constitutes a significant public safety and environmental risk that outweighs any commercial harm.
• The CER notes that some companies, including SAPPI, Anglo American, and Mbuyelo Coal, voluntarily provided unredacted reports after the Department's refusal, undermining the claim that the data is commercially sensitive.
• The document highlights South Africa's vulnerability to climate change, noting it is the world's 13th largest GHG emitter and that a 2°C global temperature increase equates to a 3 to 4°C increase for South Africa.

APA

Centre for Environmental Rights (2019). INTERNAL APPEAL PURSUANT TO THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000. https://cer.org.za/wp-content/uploads/2020/01/Annexure-A-PAIA-Appeal-CER-13-12-19.docx.pdf?x21779

Chicago

Centre for Environmental Rights. INTERNAL APPEAL PURSUANT TO THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000. 2019. https://cer.org.za/wp-content/uploads/2020/01/Annexure-A-PAIA-Appeal-CER-13-12-19.docx.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=INTERNAL APPEAL PURSUANT TO THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 |date=13 December 2019 |url=https://cer.org.za/wp-content/uploads/2020/01/Annexure-A-PAIA-Appeal-CER-13-12-19.docx.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2019internal, author = {{Centre for Environmental Rights}}, title = {{INTERNAL APPEAL PURSUANT TO THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000}}, institution = {Centre for Environmental Rights}, year = {2019}, month = dec, url = {https://cer.org.za/wp-content/uploads/2020/01/Annexure-A-PAIA-Appeal-CER-13-12-19.docx.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }