Agriculture toes court line
2005-03-05 13:56
Johannesburg - The department of agriculture was preparing information on Friday on genetically modified organisms (GMOs) brought into or manufactured in South Africa in response to a court order.
Steve Galane of the department said: "In accordance with the court ruling and the Promotion of Access to Information Act, the department has commenced with processing the requested information and will consult interested and affected parties to ensure protection of their interests."
Last Thursday, Pretoria High Court made an order compelling the government to provide this information on the application of the environmental lobby group Biowatch.
Acting Judge Eric Dunn ordered the registrar of genetic resources, the Executive Council for Genetically Modified Organisms, and Agriculture Minister Thoko Didiza to provide Biowatch with access to data.
Public participation encouraged
Galane said the department of agriculture had always encouraged access to information in accordance with the Promotion of Access to Information Act.
He said the department also had encouraged public participation in administering the Genetically Modified Organisms Act.
Galane said: "This is done by requiring all applicants for permits to publish notices in newspapers throughout the country, inviting interested and affected citizens to comment directly to the Registrar.
"This also serves to contribute to transparency and good governance."
However, the need for good governance and ensuring public confidence meant the department also had to protect confidential information.
"It was for this reason that the department of agriculture refused Biowatch carte blanche access to information.
"This argument was rightfully supported by the judge in his order."
Granting access to information
The court found the registrar was entitled to refuse access to certain records on the grounds listed in the Promotion of Access to Information Act, which includes a refusal to reveal information that was confidential or contained trade secrets, but was ordered to provide written reasons for such a refusal.
The judge said Biowatch had established it had a clear right to some of the information, and the registrar's failure to grant access to the information was an infringement of Biowatch's rights.
However, he emphasised that the environmental lobby group had no absolute right of access to information.
Galane said the department would speak to parties affected by the disclosure to ensure confidential business information was not made public.
- SAPA