The Right to Know in 2006
Inaction and ambiguity would best describe the attitude in 2006 of most southern African governments towards the
right to information. Zambia and Malawi are examples where right to information legislation halted after a sudden,
unexplained sluggishness from government. This lassitude was also evident in Lesotho, Swaziland and Mozambique. In fact a former Zambian information minister is on record for bragging that Zambia was in no hurry to pass
the freedom of information bill when Britain, an ancient democracy, had passed theirs as recently as 2005.
The Tanzanian government introduced an ambiguous Freedom of Information draft bill in December 2006, which
was unanimously rejected by civil society and described as “fraudulent and not in the interest of access to information”. If passed into law it will join the ranks of Zimbabwe’s Access to Information and Protection of Privacy Act
(AIPPA) in terms of ‘maximum exemption, minimum disclosure’.
On a positive note, in January 2007 the Namibian government drafted a progressive information policy with provisions to amend the Constitution to guarantee the right to information. The information policy recognises the right to
information not only as a fundamental right, but also as a means of fighting corruption.
In Botswana the call for right to information legislation is gaining momentum and receiving attention from policymakers.

Milestones
Greater awareness
One of the major highlights of the 2006 Right to Information Campaign has been the growing awareness of the right
to information by policymakers and civil society. There has been a growing understanding that access to information is indispensable in advancing good governance, fighting corruption and enhancing participatory democracy.
This is a critical development compared to 2003 when the concept of access to information was hardly known and
perceived as anti-government and in conflict with national security and the rights of individual privacy.

Support from MPs
The right to information received overwhelming support from Members of Parliament from both ruling and opposition parties in Malawi, Tanzania, Zambia, Namibia and Botswana. A prominent Zambian opposition party went
as far as promising to enact right to information legislation within 90 days if voted into power during the 2006
elections.

Influencing the Law Drafting Process
The right to information featured prominently on the law reform agenda of several countries. The Namibian government developed a progressive information policy committed to right to information and invited greater input from
civil society. The rejection by civil society of the Tanzanian government’s draft Freedom of Information Bill of December 2006 led the government to form a task force to review the draft bill. A critique of Swaziland’s draft Freedom
of Information & Protection of Privacy Bill was presented at meetings with stakeholders and government, and a
re-draft of the bill is currently underway with technical support from the Commonwealth Secretariat.

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Annual Report 2007

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