Botswana Guardian

A pie in the sky

Freedom of Informatio­n Act delayed further The Act to impact on other laws An Authority to be establishe­d for administra­tion

- Nicholas Mokwena BG reporter

Afurther delay in the promulgati­on of the Freedom of Informatio­n Act ( FOI) is expected as government wants a holistic review of what it requires to be effective.

There have been calls for the enactment of the FOI for many years. Ahead of the 2019 general election, President Mokgweetsi Masisi promised that it would be one of the legislatio­ns that his administra­tion would prioritise.

Minister for Presidenti­al Affairs, Governance and Public Administra­tion, Kabo Morwaeng revealed this week that the Ministry has started consultati­ons on the drafting of a Freedom of Informatio­n law.

“From the consultati­ons, it was noted that such legislatio­n would have a direct bearing on other legislatio­ns such as Data Protection Act and National Archives and Record Services Act, which relate to access of informatio­n held by public authoritie­s to the public.

“Therefore, a holistic review of what needs to be done to have an effective freedom of informatio­n law had to be conducted,” Morwaeng said.

He said it is worth noting that such a law would generally provide for the classifica­tion of informatio­n, access to informatio­n, and informatio­n that the public is exempted from access.

According to the Minister, from the consultati­on, they noted that exemptions would include informatio­n relating to national security, internatio­nal relations, the prevention, investigat­ion, detection, and prosecutio­n of offenses and or breaches of ethics of regulated profession­s, taxation matters, regulatory functions, private advice given in confidence and such other informatio­n as may be deemed prejudicia­l to the protection of society and the rights and freedoms of others, or the disclosure of informatio­n which is otherwise prohibited by law.

In addition, there would be a need for an authority that would regulate and administer the functions prescribed by the law.

Morwaeng told Parliament that it is against this background, that his Ministry has started the process of drafting instructio­ns and sharing with all concerned stakeholde­rs, as such envisaged law will necessitat­e consequent­ial amendments on some legislatio­n to make it effective and not in conflict with any other laws.

The Minister reassured the Parliament of the Government’s high regard for transparen­cy, as a component of enhancing good governance and the rule of law.

“Indeed, a Freedom of Informatio­n Bill could contribute to the upholding of this ideal. Such a Bill should neverthele­ss, be prepared with regard for all other existing legislativ­e instrument­s.

“For this reason, we did not, and still do not, want to take a piecemeal or rushed approach to this very important piece of legislatio­n.

“Note, however, that we have made worthy strides pertaining to the Data Protection Act which is itself, yet to commence, and work is ongoing to ensure that it commences.

“We will table the Freedom of Informatio­n Bill once all the aforementi­oned prerequisi­tes have been aligned,” Morwaeng promised.

The Minister was responding to a question from Leader of Opposition Dumelang Saleshando who had asked him when he plans to table the Freedom of Informatio­n Bill and if the government would allow for it to be tabled by an MP as a Private Member’s Bill.

Morwaeng said at this stage they believe the government should be allowed to bring the Bill to Parliament after all the necessary steps and engagement­s with stakeholde­rs have been done.

 ??  ?? Kabo Morwaeng
Kabo Morwaeng

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