Implementation of freedom of information legislation in South Africa and Zimbabwe

Abstract

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.