In pursuit of equity and social justice for access to information

Abstract

Just like in many countries around the world, access to information in South Africa is a fundamental human right enshrined in the Constitution and subsequently in freedom of information (FOI) legislation. Despite the fact that FOI is a constitutionally guaranteed human right, evidence suggests that exercising this right requires considerable effort and, to some extent, comes at a cost. The cost in the context of this study refers to requests and access fees set forth in South Africa’s Promotion of Access to Information Act, as well as money spent on appeals and litigation by ordinary citizens seeking to exercise their rights of access to public information. The purpose of this study is to explore the freedom of access to public information in South Africa, with a view to establishing whether ordinary citizens have free access to information for social justice. Interviews with experts through the Delphi Technique and document analysis were used in this qualitative study to evaluate the cost of accessing information in South Africa. Findings suggest that the cost of access to information is unbearable, especially for marginalised groups whose rights are violated every day. As a result, ordinary citizens do not have access to information and therefore may not be able to participate in the decision-making of public bodies as required in a democratic state. There is a need for the government in South Africa to put measures in place to regulate FOI fees in order to ensure equal access to information for all and make freedom of information ‘free.’