Nonprofit organisation Just Share and investigative journalist organisation the amaBhungane Centre for Investigative Journalism have launched access to information requests to promote transparency around behind-closed-door engagements between business and government which influence South Africa’s policy and regulatory approach to climate change and the energy mix.
Just Share and amaBhungane submitted the requests on August 10, in terms of the Promotion of Access to Information Act 4 (PAIA).
The PAIA requests seek details of closed-door meetings and other interactions between government officials and private industry representatives relating to South Africa’s policy and regulatory approach to climate change mitigation and adaptation; South Africa’s energy mix; the just transition to a low-carbon economy; and any associated infrastructure and resource exploration activities.
Such engagements are generally referred to as corporate lobbying, the entities explain.
Through these requests, Just Share and amaBhungane say they seek to promote transparency through the public disclosure of direct engagements that shape South Africa’s decision-making on key issues that are of public concern.
The entities note that this is to safeguard against attempts by private industry actors – in particular from the fossil fuel industry – to shape government laws and policies in the interests of corporations rather than the public.
“Disclosure of meetings between corporate representatives and government policymakers is both necessary and important,” they emphasise.
The entities add that, of equal importance, and therefore included in the scope of these information requests, are the meeting minutes and other written documentation exchanged between these parties, which may contain submissions, undertakings or agreements in favour of specific interests.
“As countries face the need for urgent action on the global climate crisis, there is growing awareness that powerful corporate actors may work behind the scenes to delay or dilute countries' climate change responses. Research by Influence Map, an international thinktank, has already highlighted the negative influence of corporate lobbying on South Africa's climate change policy,” the entities point out.
They cite a recent brief by Just Share which posits that the lack of clear regulation on corporate lobbying in South Africa has enabled a form of “policy capture”, in which corporate actors can work to change South Africa's climate change policy outside formal consultation processes, without any knowledge of, or participation from, civil society organisations and the broader public.
“Climate change and energy policy in South Africa affect every one of us. The public has a right to know whether corporate entities are using bilateral meetings and other forms of direct engagement to influence public policy to protect their profits instead of our future.
“These access to information requests are the first step in protecting and exercising multiple constitutional rights, and to ensuring greater transparency and accountability in South Africa's response to the climate crisis and its just transition to a low-carbon economy,” the entities state.
In terms of PAIA, the information holders have 30 days to respond to the requests. The deadline for response is September 11.
Just Share and amaBhungane say they have sent PAIA requests to eight bodies, including key government departments and industry associations, as well as one large corporate firm.
From these, as of August 22, they have received acknowledgements of receipt from Sasol, Business Unity South Africa, the Energy Council of South Africa, the Minerals Council South Africa, the National Treasury and The Presidency.
The departments of Mineral Resources and Energy and Forestry, Fisheries and the Environment have yet to respond to the request.