For the past two years, PetroSA – South Africa\u2019s national oil and gas company – has reaped enormous profits from the loadshedding crisis by buying diesel from unknown suppliers and selling it to Eskom at a profit.<\/p>\n\n\n\n
But aside from PetroSA, we wondered, who really benefits when the lights go out?<\/p>\n\n\n\n
This is what we have been trying to find out. For months we have submitted requests to PetroSA under the Promotion of Access to Information Act (PAIA), asking them to name the companies that received roughly R20-billion in contracts to supply them with diesel.<\/p>\n\n\n\n
And for months, PetroSA has resolutely refused to even respond to our requests.<\/p>\n\n\n\n
PetroSA is not only refusing to disclose this information to us, however: National Treasury is also in the dark about their apparent deviations from standard procurement procedures.<\/p>\n\n\n\n
In its recent annual report, PetroSA proudly proclaimed – in bold white letters on a midnight blue background – that \u201cThe spirit of Batho Pele, which means \u2018People First\u2019, underpins the PetroSA values\u201d<\/em>.<\/p>\n\n\n\n The question is: which people is PetroSA really putting first?<\/p>\n\n\n\n AmaBhungane\u2019s recent investigations have also uncovered how Russia\u2019s state-owned Gazprombank appeared to be cherry-picked<\/a> for a tender to refurbish the Mossel Bay gas-to-liquids refinery; how a controversial businessman received massive contracts<\/a> to build offshore gas infrastructure, seemingly without having the financial resources to carry this out; and how those contracts were scuppered by an unpaid soccer player<\/a> who successfully placed the company in liquidation.<\/p>\n\n\n\n These controversial contracts could cost PetroSA many billions more. But when we submitted PAIA requests asking it to disclose records of how these contracts were awarded, we received the same stoney silence.<\/p>\n\n\n\n It\u2019s a constitutional right<\/strong><\/p>\n\n\n\n As a state-owned entity created to play a strategic role in the oil and gas industry, PetroSA\u2019s success or failure has repercussions for South Africa\u2019s economic development. Yet despite its professed people-centered approach, PetroSA treats information requests from civil society as an annoyance that can be ignored.<\/p>\n\n\n\n Our courts have recognised that the constitutionally-enshrined right of access to information is fundamental to the public\u2019s ability to enforce other constitutionally protected rights and to the facilitation of transparency and accountability. The courts have also emphasised that civil society and the media should not have unnecessary obstacles placed in their way when performing this role. A civil society that is lively and engaged must act based on accurate information and so relies on requests for information under PAIA.<\/p>\n\n\n\n State entities are obliged to respond to PAIA requests and to provide the information sought unless clear grounds exist to refuse the request. All requests are also covered by a \u2018public-interest override\u2019 as the Act states that even where there are grounds to refuse a request – to protect commercial confidentiality, for example – if there is a significant public interest in the information and there is evidence of a \u2018substantial contravention of the law\u2019 or an \u2018imminent and serious public safety or environmental risk\u2019, the information must be disclosed. <\/p>\n\n\n\n By the very nature of its focus on the oil and gas industries, PetroSA\u2019s procurement contracts impact communities and the environment, cost a substantial amount of money, are long-term and are meant to ensure competitive operations in a sustainable commercial manner.<\/p>\n\n\n\n