Implementation of freedom of information legislation in South Africa and Zimbabwe
Mojapelo, Makutla Gibson
The passage of Freedom of Information (FOI) legislation demonstrates a commitment to
combating corruption and promoting democracy through public participation, openness, and
transparency. Adoption of the legislation, however, is insufficient without its implementation.
The passage of FOI legislation, in theory, signifies a government’s willingness to provide
access to a wide range of information; however, access to the same constitutionally protected
human rights of access to information requires considerable effort. Despite the fact that over
20 African countries have enacted FOI legislation, citizens continue to struggle to access
information for a variety of reasons related to poor implementation of the legislation. As a
result, the public sector has failed to provide transparency, accountability, and good governance
to citizens. Using the Article 19 Principles for FOI Legislation as a conceptual framework, this
study conducts a comparative analysis of the implementation of FOI legislation in South Africa
and Zimbabwe to determine alignment with the principles. The study used a qualitative
approach to collect data from a panel of experts chosen using the snowball technique, as well
as an analysis of various documents such as FOI legislation, reports, and policies. To ensure
content integrity, a Delphi design with two rounds of interviews comprised of 12 experts (6
from South Africa and 6 from Zimbabwe) was used.
According to the study's findings, FOI legislation in South Africa and Zimbabwe has done little
to strengthen democracy and increase public participation because of several challenges,
including a lack of political will, a lack of commitment to developing FOI policies, a lack of
education and awareness, and a culture of secrecy. While recent developments such as the
newly established information regulator in South Africa and the adoption of new FOI
legislation in Zimbabwe are encouraging, it remains to be seen whether the legislation will be
fully implemented. The shortcomings and strengths of both countries' legislation are discussed.
Using all nine principles of Article 19 to evaluate FOI legislation, the study discovered several
gaps, such as partial or no alignment to specific principles. The PAIA of South Africa, for
example, does not provide for the repeal of "secretive" laws, whereas the FIA of Zimbabwe
partially does, and this has had a significant impact on the implementation of the FOI
legislation.
The study recommends comprehensive legislative amendments to ensure alignment with
Article 19 principles and that regulatory bodies collaborate with all key stakeholders, including
Parliament, Civil Society Organisations (CSOs), and implementing agencies, to address
challenges associated with FOI legislation implementation. The study proposed a framework
for improving the implementation of FOI legislation in South Africa and Zimbabwe.
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