The Commission has provided comprehensive objections to the Bill. In its most recent submissions to the NCOP, the Commission stressed that the Bill must be considered in light of the Constitutional provisions of access to information. The Commission stated that the right to information is pivotal in the realisation of other rights and combating poverty. Facilitating access to information held by public officials’ also impacts on service delivery.  It enables people to participate in the governance processes that affect their lives as well as hold government to account.

While some compromises proposed by the Ad hoc Committee are noted, the Commission calls for a review of Section 1(4) of the Protection of Information Bill. This section erodes  the Constitutional provisions of access to information and the Promotion of Access to Information Act (PAIA). It contradicts the Constitution and the limitations clause, as well as Section 5 of PAIA.

The preamble of the PAIA states, "the system of Government in South Africa before 1994 resulted in a secretive and unresponsive culture in public and private bodies which often led to an abuse of power and human right violations” Access to information is seen as a key means to prevent  a secretive and unresponsive public service.

Hence the Commission is of the view that Section 1(4) be amended and harmonized with PAIA to ensure that the principles of a transparent and open democracy are not compromised.

Ends
 
For more information: Vincent Moaga 0735629866/ This email address is being protected from spambots. You need JavaScript enabled to view it.