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Picture: THINKSTOCK

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ENERGY Minister Tina Joemat-Pettersson has turned down an appeal by the Open Democracy Advice Centre (Odac) against her department’s refusal to grant access to sensitive documents relating to government’s nuclear procurement plans.

The centre — acting on behalf of Business Day — used the Promotion of Access to Information Act (Paia) last year to request access to three reports relating to the estimated cost of building 9,600MW nuclear plants.

The reports on nuclear-procurement models, the cost of nuclear plants and financing models were compiled for the department by three international consultancies — KPMG, Ingerop and Deloitte.

Former Business Day editor Songezo Zibi, speaking last year after the application was lodged, said the newspaper had "reason to believe that the cost studies the department does not want the public to see until it is too late in the process, show that 9,600MW of nuclear will be unaffordable".

The affordability of the nuclear plans has become even more concerning given the financial straits government finds itself in. But the Treasury has insisted that it will approve only what is affordable.

The energy department rejected the original Paia request, saying the documents were classified as secret and would not be made available to the public.

Its view was confirmed by the minister in a letter sent last week to Odac’s head of advocacy and special projects, Alison Tilley.

Ms Joematt-Pettersson said "there is no evidence before me to suggest that the public interest in the disclosure of the record sought outweighs the harm contemplated by the release of the reports".

She said the records sought included "information (which includes financial information) to be used in the procurement process and if released, in all likelihood, would be detrimental to the procurement process, most especially the competitive bidding process that is soon to be under way.

"Disclosure thereof would have the effect of materially jeopardising the economic interests or financial welfare of the republic."

Similar reasons were given by the department to maintain the secrecy of the intergovernmental agreements on nuclear co-operation that were found to contain no proprietary or commercial information when they were tabled in Parliament last June.

When the department rejected Odac’s request, Right 2 Know Campaign spokesman Murray Hunter said the affordability study for SA’s strategic arms procurement in 1999 had been classified until last year. "When this was unclassified, it was clear that there had been enormous financial risks. Governments often overclassify documents to shield themselves from accountability and end up making the wrong decisions. The fact that these documents are being withheld, makes it impossible for SA to have the conversation about nuclear energy."

Odac has three months within which to lodge an appeal against the minister’s decision.