STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2022

inherent in this right.
Presently, only eight out of 16 member states of
the Southern African Development Community
(SADC) have adopted ATI laws.
Of those countries that have passed such
laws, a mere seven have advanced to the
implementation stage, underscoring the limited
traction of this legislative framework in the
region.(19)
This disclaimer is particularly relevant as
explained by the joint Free Press Unlimited —
Africa Freedom of Information Centre 2021
Synthesis Report on the Assessment of the
Implementation of SDG Indicator 16.10.02.
They observe that:
… while the right to information, and legislation
and constitutional guarantees securing the
legality of this right is intrinsically important
to transparent and accountable democratic
governance, right to information does not
necessarily equate access to information … What
is equally imperative to consider is governments,
Ministries, Departments and Agencies (MDAs),
civil society, the media and stakeholders and
their ability to play their part in effective Right
to Information (RTI) implementation. This
means assessing both political will and having
a consultative dialogue, but also considering
and addressing capacity issues such as
sensitisation, training, punitive action for noncompliance, the building of strategic partnership
between government and civil society and the
new innovative possibilities of Information
Communication Technology (ICT) to ensure
that citizens have de facto access to the right
to information as a fundamental freedom and
human right.(20)

SHRINKING CIVIC SPACE
In Southern Africa, the current landscape
is marked by a shrinking civil space, as
governments seek to exert greater control over
civil society, thereby limiting their ability to
operate independently and hold those in power
accountable.
Governments are employing various tactics
to intimidate activists, journalists and human
rights organisations.
This has resulted in a deterioration of the operating
environment for civil society organisations, with
restrictions on citizen participation and freedoms
of association and assembly, arbitrary arrests,
enforced disappearances, torture, and threats of

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closure and deregistration of non-governmental
organisations.
Governments have resorted to using state
machinery, including law enforcement and
security services, as well as the judiciary and
legislative arms of government, to limit the
activities of civil society organisations.
Moreover, they have used subtle means such
as imposing cumbersome NGO registration
processes to restrict the operating space for civil
society.
National governments have further limited
civic space by promulgating restrictive laws and
policies that violate the freedoms of association
and assembly.
Examples of such governments include
Zimbabwe, Zambia and Malawi, where civil
society
organisations
face
cumbersome
registration processes and foreign funding
regulations that silence any criticism of the state
and state apparatus.
This trend is due, in part, to governments’
focus on national security and economic
development, which has led them to view civil
society organisations as foreign agents that
pose a threat to national interests.
Zimbabwe’s legislature passed the ominous
Private
Voluntary
Organisations
(PVOs)
Amendment Bill in December 2022 which, upon
review, would have the effect of silencing civil
society, freedom of association and ultimately
freedom of expression.
This is further worsened by amendments to
the Criminal Law (Codification and Reform) Act,
which will sound the death knell for freedom of
association and freedom of expression.
In other parts of the region, such as Namibia
and South Africa, there has been a recent trend
of justifying laws on NGO registration or other
regulations under the pretext of combating
money-laundering and terrorist financing.
While these concerns may have merit, they
can also be exaggerated to justify excessive
government control over NGOs, intentionally or
unintentionally.
The consequences of such retrogressive laws
and policies are that civil society organisations
find it increasingly challenging to mobilise, speak
out, and hold governments accountable.
In some countries, governments have accused
civil society organisations of being anti-economic
development and a threat to national security,
further limiting their ability to operate freely.

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