Question NW2840 to the Minister of Home Affairs
23 December 2021 - NW2840
Roos, Mr AC to ask the Minister of Home Affairs
With reference to his reply to question 1718 on 27 August 2021, in which the requested information was not provided on the basis of legal constraints, what legislative provisions prohibit him or make it to be legally inappropriate to provide full details of information regarding the (a)(i) the company and/or consortium name(s) and (ii) the registration number(s), (b) the service(s) and/or product(s) provided and (c) annual value of the contract for the 2020-21 financial year of each of the current evergreen contracts at the Government Printing Works?
Reply:
The section 1 of the Protection of Personal Information Act, 2013 (Act No. of 2013) (“POPI Act”) defines a “person” as meaning a natural or a juristic person. POPI Act, in this case, requires the Government Printing Works (GPW) to safeguard information in its possession. Further, section 36 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (the “Access to Information Act”) also requires GPW to ensure protection of commercial information relating to third parties. In this instance, section 36 finds expression in protecting the commercial interest of the companies that GPW does work with.
The Access to Information Act, in terms of section 42, also provides mechanisms under which a public body may not disclose information relating to economic interests and financial welfare of the Republic and commercial activities of public bodies.
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