GEORGE NEWS - George Municipality has rejected Group Editors' application for a copy of the building plans of the collapsed Neo Victoria apartment block at 75 Victoria Street.

The application was brought in terms of the Promotion of Access to Information Act (Paia).

According to George Municipality's acting municipal manager Dawie Adonis, consent to release the documentation was requested from the developer, Neo Victoria Developments (Pty) Ltd, in terms of Section 47 of the act. 

This was refused in terms of Section 36 of the act and on the basis that, among others, the plans contain trade secrets and financial and commercial, scientific and technical information, "the disclosure of which would be likely to cause harm to the commercial and financial interest of their company", and that the record requested does not meet the requirements as set out in Section 46 of the act.

Adonis said the basis for the refusal is Section 39(1)(b)(iii)(aa) and Section 39(1)(b)(iii)(ee). The former states that the information officer of a public body may refuse a request for access to a record of the body if the disclosure of the record could reasonably be expected to prejudice the investigation of a contravention which is about to start or is in progress.

The latter section states that the infor-mation officer may refuse if the disclosure could reasonably be expected to prejudice and impair the fairness of a trial or the impartiality of an adjudication.

Adonis said various investigations from different institutions are underway in relation to the building collapse.

"The building plans form an integral part of these investigations and the release thereof, to be presumably placed in a newspaper, may jeopardise the investigation and could subject the adjudication thereof to judicial challenges. 

"In light of the above, the municipality at this stage of proceedings decided to refuse the requested record."

Group CEO of Group Editors Servaas de Kock said the company is disappointed at the municipality's dismissal. "We do not agree with the reasons provided for declining our request. We report daily on ongoing investigations and are regulated by the Press Council to be responsible with our reporting. We will appeal against the finding."

The appeal authority in this case is the executive mayor of the municipality.

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