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 14 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.