CITY/COUNTRY EXAMPLES Box 21: Freedom of Information in South Africa – The Promotion of Access to Information Act The Promotion of Access to Information Act was passed by the parliament in South Africa in early 2000. A previous act – the Open Democracy Act – provides for access to information but only that held by the government.The Promotion of Access to Information Act (2000) now includes access to information held by private bodies, something the civil society have welcomed and viewed as a victory and a milestone given the country’s apartheid history, an era which was characterised by (among other things) suppression of information. The South African Constitution, adopted in 1996, also provides for access to information through the following clause: Everyone has the right of access to: • any information held by the state; and • any information that is held by another person and that is required for the exercise or protection of any rights. The Promotion of Access to Information Act (2000) gives effect to the access to information right in the Constitution and the Citizens’ Bill of Rights. It lays down procedures for accessing information from government as well as from private bodies, subject to certain limitations. In addition, Section 9 says that the Act must promote transparency, accountability and effective governance of all public and private bodies. The Act overrides any other enactment which has a more restrictive approach to information. The Act mainly deals with information in terms of “records” (any recorded information). If the information requested can be extracted from a document which the information officer decrees cannot be released, it must be. The Act does not apply to records required for criminal or civil proceedings, the argument being that there are specific procedures already in place in regard to records for trials. The information officer is obliged to assist a request and to transfer that request if he or she cannot accommodate it in that particular department. The Act does have some restrictions, however. For instance, on information relating to certain records of the South African Revenue Service, or information on matters such as defence, security, international affairs, and the economic and financial welfare of the Republic, the information officer has a degree of discretion. Despite these restrictions, the Act does provide a “public interest” override. The remedies available to an aggrieved party (including a third party who opposes the access granted) include an internal appeal which must be lodged with the relevant authority within a specific period of time. Source: Extracted from summary of the promotion of Freedom of Information Act by the Freedom of Expression Institute: www.foi.net; www. fxi.org.za/odaf.htm
FURTHER
INFORMATION AND CONTACTS
General Pope, Jeremy (2000) Transparency International Source Book (Chapter 24: The Right to Information). Transparency International (TI), Otto-Suhr-Allee 97-99, 10585 Berlin, Germany. Tel.: +49-30-343-8200; Fax: +49-30-34703912 E-mail: ti@transparency.org; Website: http://www.transparency.org South Africa Freedom of Expression Institute, South Africa. E-mail: fxi@wn.apc.org, Website: http://www.fxi.org.za/odaf.htm
U R B A N
G O V E R N A N C E
T O O L K I T
S E R I E S
63