Accessing Information: the key to an Open Society

The public’s right to access information, both state held and from the private sector, is an essential component in an open society that is committed to democratic processes, accountable leadership, transparency in its conduct and the rule of law.

The right to access information is recognised and protected in international treaties and conventions and national legislation in many jurisdictions have provided for this right. A government that enacts legislation that recognises the right to access information and provides effective mechanisms to ensure its realisation and implementation, is one that is comfortable conducting its business in the public eye and one that acknowledges that its public accountability ensures its continued leadership.

In Southern Africa, most countries have not legislated for the protection of the right to access information. Yet there are encouraging developments, with South Africa’s progressive Promotion of Access to Information Act adopted in 2000, Malawi’s Access to Information Act and Mozambique’s 2005 Draft Law on Access to Official Sources of Information.

This paper highlights the salient points of these three pieces of legislation and provides an analysis of their strengths and shortcomings, as compared to best international practice. The current situation in countries that have been slow to legally recognise access to information, i.e., Zimbabwe, Swaziland, Botswana and Zambia, is discussed.

The paper highlights challenges that still exist in the region concerning access to information legislation and critiques the legislation and draft bill that currently exists and provides a framework for ongoing development in this essential area of law.

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