The Right of Access to Information: opportunities and challenges for civil society and good governance in South Africa

Abstract

The right of access to information has been accepted by South Africa as a sine qua non for a democratic state pursuing the values of accountability, transparency, openness and responsiveness in the affairs of government institutions. The article seeks to articulate this view, pointing out that South Africa's recognition of this right was informed by the apartheid system of government that was buttressed by the institutionalized violence of state repression through certain obnoxious legislation like the Internal Security Act. Thus, post-apartheid South Africa, through the 1996 Constitution and other legislation like the Promotion of Access to Information Act, has empowered civil society to ensure government accountability. Despite the fact that the country's access to information legislation is fretted with shortcomings, which this paper expounds, it is acknowledged that a commendable landmark has been made in the political history of the country.