Transnet Limited and Inter Waste (Pty) Ltd v SA Metal Machinery Company (Pty) Ltd

Transnet Limited, a wholly state-owned entity and public body, through its division the National Ports Authority of South Africa (NPASA), invited tenders for a two‑year contract for the removal of galley waste from ships in Cape Town harbour. Inter Waste (Pty) Ltd was the successful tenderer, while SA Metal Machinery Company (Pty) Ltd was an unsuccessful tenderer. After the tender was awarded, SA Metal requested access, under the Promotion of Access to Information Act 2 of 2000 (PAIA), to Inter Waste’s completed tender documentation. NPASA supplied the documents but redacted the rate and itemised pricing details, disclosing only the overall totals. SA Metal sought full disclosure of the pricing schedule without deletions, arguing it was entitled to access. Transnet refused, contending that disclosure would prejudice Inter Waste’s commercial interests and relying on sections 36, 37 and 82 of PAIA. The High Court ordered disclosure, and Transnet appealed to the Supreme Court of Appeal.

The appeal was dismissed, and the order of the High Court compelling Transnet to provide SA Metal Machinery Company with the completed schedule of prices without deletions was upheld.

The case is a leading South African authority on the interpretation of section 36(1)(c) of PAIA. It clarifies the evidentiary burden on public bodies and third parties resisting disclosure, affirms the strong constitutional commitment to transparency, and confirms that courts cannot refuse access in the absence of proven statutory grounds. The judgment strengthens access‑to‑information rights in the context of public procurement.