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Access to Information Act: A game-changer or bureaucratic hurdle?

2023-10-13  Correspondent

Access to Information Act: A game-changer or bureaucratic hurdle?

Anthony Phiri

In today’s digital age, the cliche “knowledge is power” resonates more than ever. But how equipped are our public sector institutions to meet the increasing demand for transparent and accessible information? 

The very inception of the Access to Information Act 8 of 2022 (ATI Act) accentuates this commitment to transparency. 
The ATI Act outlines the responsibilities of public entities, ensures both public and private entities provide accessible information, and establishes the framework for appointing an independent Information Commissioner and Deputy Commissioners. The Act emphasises creating, maintaining, and organising information in a way that champions transparency, accountability and good governance. It also details the procedure for information access requests and the review processes for such decisions, while also defining which information is exempt from disclosure, along with other related matters.

Illuminating the corridors of power

Historically, the intricate workings of government and institutional decision-making were cloaked in obscurity. The ATI Act endeavours to dissipate these shadows. It aspires to reveal the rationale, data and dialogues behind decisions, empowering citizens with knowledge, and holding those in power accountable.

As citizens, we have been unaware of the individuals behind critical decisions: their names, positions, specific functions and the intricate details of the processes they oversee. Who exactly allocates fishing quotas? Who determines oil allotments? Within our ministries, which individuals or standing committees wield the authority, and what mechanisms guide their decisions? Obtaining this information
without drawing scrutiny has proven to be a challenging and
time-consuming task.  The transparency and availability of information is vital for an informed citizenry. Moreover, the Act’s audacious scope, which includes private entities, signifies an era where even corporations, given their vast influence, are held accountable, especially when public interest is at stake.

Theoretical power of ATI Act

At its core, the ATI Act champions proactive transparency. It is not merely about reluctant document releases, but about timely updates, comprehensive disclosures, and enlightening the public on various institutional operations. 

The Act envisions a democratic society where the reins of power are answerable to its citizens. Yet, theory and practice are often worlds apart. The true power of the Act lies not in its written words, but in its genuine adoption.

Tokenism, superficial compliance risk

Despite its intentions, the Act's enforcement raises a critical question. Is it a genuine stride towards transformative
governance, or merely a symbolic gesture? In the realm of policy and governance, there is a lurking
danger that is far more insidious
than blatant non-compliance, tokenism. 

Tokenism refers to the practice of making perfunctory or symbolic efforts merely to satisfy certain requirements, often without the genuine intent to enact substantive change. It is the act of offering a token gesture in lieu of authentic commitment. 

The potential pitfall is clear; the Act might devolve into mere tokenism. There is a looming concern about agencies inundating the
public with redundant data, while tactfully withholding essential information. Such superficial compliance would undermine the Act’s spirit. 

Implementation challenges

The journey to holistic transparency is riddled with challenges, as disseminating vast quantities of data demands technological infrastructure and skilled personnel. Institutions must walk the tightrope, balancing public interest with concerns of national security, privacy and trade secrets. Private entities might cite competitive disadvantages. Ensuring transparency without jeopardising trade secrets is a nuanced endeavour.

Critical role of genuine engagement

For the ATI Act to thrive,
genuine engagement is paramount. It's not just about ticking boxes. Relevant, timely and actionable disclosures are the needs of the hour. Mere compliance is insufficient; embracing the spirit of the Act is vital. In the age of digital technology, where information is at our fingertips, the importance of an “informed voice of the many” cannot be overstated. However, this requires not just access to information, but also the
ability to critically assess and understand it. When the majority can engage with and critique decisions and actions critically, it creates a more balanced, just and forward-thinking Namibia.

In conclusion, the ATI Act finds itself at a crossroads. It can either be the cornerstone of a new, transparent era in public sector management, or become another unchecked box in a long list of compliance tasks. The true test lies in its enforcement.Public institutions, politicians and private entities alike stand poised at a pivotal juncture where they can transcend merely adhering to the Act's provisions, and truly embody its essence. With the right commitment, the ATI Act has the potential to herald a transformative chapter in Namibia’s nation-building journey. As we stand on the verge of this new era, it's essential to remember that true power does not lie in the hands of the few, but in the informed voice of the many.

 

* Anthony Phiri is a public sector management academic.


2023-10-13  Correspondent

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