REGIONAL OVERVIEW

Not only is access to information (ATI) a fundamental, and
internationally- and regionally-recognised human right, it is also
an essential part of democratic rule, enabling informed public
participation in governance and the decision-making processes.
That the accessibility of information is a key component of
sustainable development has been highlighted by the explicit
mention of access to information in the UN Sustainable
Development Goals (SDGs), recognising citizens’ access to
information as a crucial factor in the development of democratic
and sustainable societies.
On the continent, southern Africa has initially been a forerunner
in the adoption of access to information laws with South Africa
being the first country to pass an ATI law, and Angola and
Zimbabwe following shortly after.
Unfortunately, since then, progress regarding the passage of
ATI legislation throughout southern Africa has slowed down
tremendously; it took over a decade for the fourth country in
the region, Mozambique, to adopt a law guaranteeing access to
public information.
The Media Institute of Southern Africa (MISA) is advocating for
the adoption of national ATI legislation in recognition of the
potential such laws have regarding the empowerment of citizens
to hold their governments accountable on how decisions are
made and resources used.
A legal framework guaranteeing access, as well as providing
for the right to appeal in cases where information has been
wrongfully withheld, needs to be accompanied by an enabling
environment favouring openness and transparency. Existing laws
require effective implementation, but even without a national
ATI law the free flow of relevant public information should be
the norm.
With its Transparency Assessment, conducted annually since
2009, MISA seeks to establish the ease or difficulty in accessing
relevant public information held by government and public
institutions.
This year’s research was carried out by seven national MISA
Chapters. Researchers evaluated institutions’ websites as well as
their willingness to provide information upon request.
Since the inception of the study seven years ago, the use of
information and communication technologies (ICTs) to make
government held public information accessible has gradually
increased. Not only do the majority of public bodies have
working websites, but the quality of the content provided on
those sites is also improving. The Directorate of Road Traffic
in Malawi for example, after being awarded the most secretive
institution in 2015, could in 2016 be identified as the runner-up to
the most open public institution. This praiseworthy improvement
in transparency in only one year can mainly be attributed to the
development of the institution’s web presence, making relevant
information more accessible to the public.

8

Some institutions showed increased openness by proactively
providing information online that they were more reluctant to
disclose in previous years. In Namibia for instance, the researcher
noted improved transparency regarding budgetary information
with two institutions providing online links to current budgets.
Additionally, several institutions are tapping into the use of
social media platforms such as Facebook and Twitter to openly
engage with the public.
Regarding information requests, it is commendable that most
institutions have officials designated to take and respond to
information requests. Based on this, a direct positive outcome
is that more institutions acknowledge receipt of information
requests, making follow-up processes easier. However, in
several cases, although the initial acknowledgment of receipt of
information was often accompanied by an assurance to provide
information shortly, this has not resulted in actually receiving the
information as requested.
The study highlighted the fact that ordinary citizens still face
challenges in receiving information from public institutions.
Some researchers had to show a high amount of perseverance,
conducting several follow up activities, in order to get an answer.
Other researchers’ efforts however, did not result in receiving
responses to their requests.
It needs to be pointed out that some public bodies were
exemplary in their provision of services, responding speedily,
being helpful, accommodating and open to any follow up
questions may they arise at a later stage.

Select target paragraph3