Foundational to the new democratic order in South Africa are the values of accountability, responsiveness and openness as enshrined in the first section of the founding provisions of our state of the art Constitution, according to which we now all aspire to live.
Accountability means that those in positions of power or authority must be able to justify the decisions they take and explain their actions reasonably. To do so properly and to the satisfaction of the persons seeking accountability, it is often necessary to afford access to materials and information in them that back up the justifications and explanations that officialdom furnishes.
Responsiveness has been widely interpreted to mean acting in a way that is conducive to the promotion of fulfilling the needs of ordinary people. The state is obliged to respect, protect, promote and fulfil the rights guaranteed to all in the Bill of Rights which is Chapter Two of the Constitution. These rights to dignity, the achievement of equality and the enjoyment of the various freedoms set out reflect the aspiration of the new order to transcend the injustices of the past and to transform our society into one in which healing occurs and the divisions of the past are replaced by unity in diversity with peace, progress and prosperity.
Openness can be equated with transparency. This requires that the affairs of state should not generally be opaquely conducted behind closed doors and out of the public gaze. Government is exhorted to show what it is doing and tell the public why policy choices are made in any particular way. This is participatory democracy, limitable only in reasonable and justifiable ways.
Among the rights guaranteed to all are the rights to access to information and freedom of expression. These are inter-related.
In the 21st century there are oceans of data available containing seas of information that, when properly analysed provide waves of knowledge of the issues of the day. From the knowledge gleaned from the information available pearls of wisdom can be found to exercise rights responsibly, make choices wisely and exercise opportunities advantageously; all in ways that respect the humane and compassionate ethos of the new order.
To facilitate the implementing of the values highlighted and the exercise of the rights to freedom of expression and access to information, the Promotion of Access to Information Act has been passed, so that those who are stingy or shy with the information in their possession can be compelled to share it with interested parties for the greater good of the nation. Using this Act is a great accountability tool available to all for the cost of a letter.
Paul Hoffman SC
22 February, 2012.
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