Namibia’s Access to Information Act 8 of 2022 marks a pivotal moment in the country’s commitment to transparency, accountability, and democratic governance.
The Parliament of Namibia enacted the law to enhance public access to information held by public bodies. The Act underscores the principles that information is a public resource, and everyone has the right to access information in the possession of public authorities.
Although not yet in force, this watershed legislation has already generated significant anticipation and is poised to transform Namibia’s governance landscape.
Why should you care?
Whether you’re a Namibian citizen, a business owner, or simply someone who believes in good governance, the Access to Information Act matters. Why? It empowers you to:
- hold your government accountable,
- make informed decisions, and
- participate actively in shaping your country’s future.
The Act presents challenges and opportunities for businesses, requiring adaptation to new transparency standards and opening doors for greater public engagement and trust.
Understanding and embracing this Act is crucial for anyone who wants to be an informed and active participant in Namibia’s democratic journey.
Key features of the Act
- Scope of application: The Act applies to all public bodies and private entities performing public functions or receiving public funds, mandating them to make information available proactively and upon request.
- Right to access information: Every person, regardless of nationality, has the right to access information held by public bodies. This reflects the universal nature of the right to information and empowers people to participate actively in governance.
- Proactive disclosure: Public bodies must proactively disclose key information. For instance, such as information about their functions, decision-making processes, and services. The aim is to foster a culture of openness and enable citizens to make informed decisions.
- Requesting information: The Act outlines a clear and accessible process for requesting information, with specific timelines for public bodies to respond. It also provides for a review and appeal process in case of denied requests, ensuring that citizens can challenge unjustified refusals.
- Exemptions: The Act recognises the need to protect certain types of information. Exemptions are provided for sensitive areas like national security, defence, and individual privacy. However, the Act defines these exemptions narrowly to prevent misuse.
- Role of the Information Commissioner: The law establishes an independent Office of the Information Commissioner to oversee implementing the Act and ensure public bodies comply with it. The Commissioner has the authority to review decisions and impose penalties for non-compliance.
- Penalties for non-compliance: Public bodies and officials that fail to follow the Act’s provisions may face penalties, including fines and other sanctions. These penalties underscore the seriousness of the legislation and incentivise compliance.
Impact and significance
- Challenges and opportunities for businesses and public authorities: Businesses, particularly those performing public functions or receiving public funds, will need to adapt to the new transparency requirements. This may involve revising information management systems and adopting new practices to ensure compliance. Public authorities will also need to establish clear procedures, train staff, and fulfil their proactive disclosure obligations.
- Promoting good governance: Access to information enables citizens to make informed decisions, engage in public discourse, and participate meaningfully in the political process. This contributes to better decision-making and more effective governance.
- Combating corruption: By increasing transparency and enabling public scrutiny, the Act makes it more difficult for government officials to engage in secretive or unethical practices. This fosters a culture of integrity and helps deter corruption.
- Strengthening constitutionalism: The Act reinforces Namibia’s constitutional framework by promoting transparency and accountability in governance. It empowers citizens to hold their government accountable, contributing to a more participatory and democratic society.
Shortcomings
Despite its promising framework, commentators have criticised the Act for giving discretionary power to information officers without clear guidelines. The risk with this approach is that it could lead to inconsistent application and potential abuse of power. Also, the Act’s procedural requirements for appealing denied requests are lengthy, potentially delaying access to justice.
How ITLawCo can help
At ITLawCo, we’re ready to help public and private entities in navigating the Act’s complexities. Our experts can provide tailored guidance on compliance strategies, information management, and handling requests. Ultimately, we’ll help you transition smoothly into this new era of transparency. Contact us today to learn more about how we can support your organisation.