SECTOR 1

under the act. If an application is rejected and an applicant wants to appeal he/
she has to go the (expensive) court route. The South African Human Rights
Commission is responsible for the implementation and oversight of the act. The
Commission can issue opinions and subpoena people to give testimony but it
does not have the power to force state bodies or private companies to release
information.
There are some successes, though, with regard to access to information. For example,
the Public Services Accountability Monitor (PSAM) – a unit based at Rhodes
University in Grahamstown – has for years consistently and relentlessly pursued
the Eastern Cape provincial government for information. Now the authorities
themselves have approached PSAM, asking the unit to conduct training for their
staff on how to provide state-held information, and they also voluntarily supply
information that has not even been requested.
In June 2010, the weekly Mail & Guardian won a High Court order which
obliges government to release a confidential cabinet report on the 2002 elections
in Zimbabwe. The paper argued that these elections were marred by vote-rigging,
intimidation, violence and fraud on the part of the Zimbabwean authorities, but
that the South African government nevertheless declared them free and fair. The
judge agreed with the argument that the release of the report was therefore in the
public interest – but government is presently appealing the ruling.
The Protection of Information Bill outlined under indicator 1.3 now threatens to
overturn the gains envisaged – and partly realised – as a result of the Promotion of
Access to Information Act.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator.

5

Country meets all aspects of the indicator

Average score: 			

2.7 (2008 = 2.3; 2006 = 2.7)

AFRICAN MEDIA BAROMETER SOUTH AFRICA 2010

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