SECTOR 1

Panellists made mention of the 2017 case involving amaBhungane journalist
Sam Sole in the Gauteng High Court, which challenged the constitutionality of
RICA, which allows the interception of communications without a warrant. The
case is still ongoing. The Right2Know campaign and Privacy International have
applied to intervene as amicus curiae [friends of the court] in the case.
In the past, the courts have protected journalists’ sources of information. In
this regard, mention was made of a case from 2012 which involved the Mail &
Guardian and the controversial firm, Bosasa. The High Court judge ruled that
the state could not demand the journalist’s source as the newspaper and the
journalist were within their rights to protect the anonymity of their sources, while
carrying out the democratic function of the press and revealing corruption.

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:

✓

✓✓

✓

✓✓

✓

✓✓✓

✓✓

4.2 (2013: 4.0; 2010: 3.7; 2008: 1.6; 2006: 1.1)

1.7 Public information is easily accessible, guaranteed
by law, to all citizens
‘Of particular note here is the word “access”. If one expands on the axes of
marginalisation along the lines of language, race and class, practically, access is
not easily granted for all citizens: especially those who are poor, black and don’t
speak English. Rural dwellers are also subject to the imposition of traditional
community laws, which do restrict accessibility.’
Panellists noted that online access was problematic in rural areas, largely related
to high data costs and the fact that 3G/4G connectivity was not available
throughout the country.
A Shadow Report in 2016 by the Access to Information Network detailing almost
400 requests noted that 46% of the information requests made to public bodies
through the Promotion of Access to Information Act were denied in full, 34%
were granted in full and 12% were partly granted, with 4% of these requests
being transferred to other state bodies. Only 40% of these requests were dealt
with in the statutory timeframe.
The report also noted that 10 of the 15 requests for information submitted
to private bodies were denied in full, indicating that access to information is

16

AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018

Select target paragraph3