Where is open democracy in South Africa today?
Do the Secrecy Bill and other proposed restrictions spell an end to prospects for an 'open democracy' in South Africa?
Date: 2014-11-04
Time: 10:00 to 13:00
Venue: 6 Spin Street
, Cape Town
It is 20 years since Nelson Mandela’s government appointed a Task Group on Open Democracy to prepare a bill which would give effect to the Constitution’s right of access to information.
The draft bill covered access to public and non-public information, the protection of privacy and whistleblowers, and access to meetings of public bodies. The drafters envisaged an omnibus law that would define freedom of information.
The Task Group quickly gave up on the feasibility of an integrated law. Whistleblower protection was provided by the Protected Disclosures Act (2000). Public access to information was legislated by the Promotion of Access to Information Act (2000). The Protection of Personal Information Act (2013) addresses privacy. And then, of course, we have the ‘Secrecy Bill’, the Protection of State Information Bill (POSIB), which prioritises concealing over revealing in relation to all other information legislation. As it awaits the President’s final sign-off, POSIB has generated widespread opposition.
This seminar considered several questions relating to freedom of information. What do POSIB and other proposed restrictions mean for ‘open democracy’ in South Africa? What constraints confront those who embrace freedom of information? Where to now with the ‘Secrecy Bill’?
The event was chaired by Judith February, a senior researcher in the Governance, Crime and Justice division of the ISS. The speakers were:
- Mukeleni Dimba, Director, Open Democracy Advice Centre
- Allison Tilley, Director, Special Projects and Advocacy, Open Democracy Advice Centre
- Khaya Xintolo, member of Right to Know Western Cape Working Group
- Murray Hunter, Convenor, Secrecy Campaigns, Right to Know
The discussion noted that the struggle for access to information initially centred on acquiring information from state institutions. However in recent years civil society became more conscious of the business sector’s role in relationto access to information and transparency. Civil society lost a key battle to ensure the establishment of the Information Commission. And although the Protection of Personal Information legislation is adequate, the current legislation does not protect whistleblowers who expose corruption and misconduct beyond their workplace.
The seminar highlighted that POSIB was a symptom of a broader climate of secrecy and the securitisation of the state. Civil society should take the lead in facilitating dialogue that examines public manifestations of securitisation, considering the upward trend in police brutality and violence against protesters. Open democracy is more than having access to records. It also encompasses the promotion of human rights and freedom of expression. Information activism is needed around basic socio-economic rights, given that the pre-occupation with national security by state actors ultimately compromises democracy and stifles robust debate.
The discussion explored some of the key challenges for those at grassroots level in respect of access to information. There is a serious lack of information about the services rendered by the state, the rights of people, and how policies are formulated. There is also a lack of transparency around the allocation and use of local municipal budgets.
Open democracy has to be underpinned by a responsive state, an activist civil society and a media that is serious about promoting open democracy.
Attempts by the state, civil society and the media to entrench open democracy in South Africa have been rather feeble over the last 20 years. One indication of this is that there have been relatively few Promotion of Access to Information Act (PAIA) requests from civil society and the media since the implementation of the Act. Similarly local governments have been reluctant to comply with prescriptions of the PAIA.
