We need an Access to Information Act

Every year the commemoration of World Press Freedom Day is contentious, and this year’s commemoration was no exception! I mean how could it be? It seems to me that the glaring absence of an active local journalists’ association or union, has emboldened the local chapter of the regional media lobby group - Media Institute of Southern Africa (MISA) - to assume a Big Brother posture, sadly at the expense of the unity of the fraternity! And with the active presence of UNESCO in this year’s commemorations including, as alleged in some quarters, the hidden hand of the Office of the President (OP) - MISA Botswana found itself completely losing the plot! How so, you ask? e journalists community - the raison d’être for this day – was side-lined through subtle manoeuvres that involved late delivery of invitation for partnership with peer organisations in hosting the commemoration and not responding to requests for clarity! Consequently, the stage was set for an inevitable showdown! And it unfolded initially on the day before the commemorative day (May 2), when allegedly, and at the behest of UNESCO, the Botswana Editors Forum (BEF) was dropped from the programme? Outsa Mokone, the Editor of Sunday Standard, was then roped in to give the vote of thanks in his capacity as ‘veteran journalist’. Now you can already see where the seeds of discord and division were sown! Mokone is a member of the Botswana Editors Forum, which is chaired by his fellow editor at e Voice, Emang Mutapati! So, what were the programme drafters implying when they pulled out BEF and then brought in an editor under the guise of a ‘veteran journalist’? Anyways, Mokone took a principled stance when he emerged from a production deadline, and decided he would honour the invitation, but instead of giving a vote of thanks, will indict MISA, UNIESCO and OP for their complicity in driving a wedge between the journalists community of Botswana! And the man certainly lived up to his word! MISA, UNESCO and OP had egg on the face, and worse still, a significant proportion of the members of the Press fraternity did not partake in the march on Saturday May 4th. For its part, BEF released a statement condemning - albeit tongue in cheek – the conduct of this year’s WPFD commemorations. Most importantly, BEF highlighted in its statement its rejection of the division of private and state media; and its abhorrence of State capture of journalists.

To the contrary, it pronounced its commitment to the promotion, protection and nurturing of independence of the media and professionalism, as well as emphasised the need for Media and communities to work together to highlight the plight of underprivileged communities. Most importantly, the BEF statement called for the urgent need for a freedom of information legislation, and related instruments, such as whistle blower protection! And on a brighter note, I was thrilled to learn that a colleague from Malawi, Suzgo Chitete, the Lilongwe Bureau Chief of the Nation Publications Limited (NPL), had prevailed in his challenge to compel the Ministry of Foreign Affairs to comply with his request for information under the Access to Information Act Suzgo had approached the Malawi Human Rights Commission (MHRC) for recourse when the Ministry of Foreign Affairs rejected his initial request for information on staff and diplomats in Malawi’s foreign missions on grounds that the information may compromise national security. e Commission ruled that the Ministry of Foreign Affairs has not provided evidence that the personal information of the diplomats and other personnel can compromise the national security of Malawi.

“ere is no clear causal relationship between the information that is being sought and the prejudice which might occur in any way,” the Commission found, adding that the Ministry did not indicate that the third parties, being the diplomats and other personnel, “did not consent to the information being disclosed as provided for in ATIA. “e Ministry therefore does not have a valid ground as to why the information being held should not be disclosed,” the Commission ruled. A statement from MISA Malawi Chairperson, Golden Matonga celebrated this ruling, which was made sweeter by the fact that it was released on the World Press Freedom Day, with a statement applauding both the journalist and the Nation Publications Limited (NPL). “MISA Malawi welcomes this determination as a step in the right direction in our quest for greater transparency and accountability in the country. We call upon the Ministry of Foreign Affairs and all government departments and agencies to take note and abide by the directives in the determination.

“Often times, Ministries, Departments and Agencies (MDAs) decide not to comply with request for information on flimsy grounds and the determination sets the bar higher on what could be justifiable grounds to warrant denial for requests to information. “Crucially, the determination provides guidance on the critical question of national security versus access to information. We further applaud Nation Publications Limited and journalist Suzgo Chitete in particular for the gallant work in ensuring that the law is enforced.

“Laws on their own are not useful unless citizens and duty bearers take measures to ensure their enforcement,” MISA Malawi observed. Celebrating this feat with Suzgo here in Beijing with other fellow journalists from Africa, Latin America, Asia and

Europe and University students from Botswana, Malawi, Ethiopia and India, has been such a thrilling experience.

ere’s a lot that Botswana can learn from Malawi, a fellow SADC member state. e fact that Malawi has enacted an Access to Information law says a lot about their commitment to the public’s right to know, transparent and accountable government as well as nurturing democracy. Access to credible, timely information is a cornerstone of democracy – that’s one thing that Botswana, which to date as resisted all calls to enact a Freedom of Expression Act or alternatively, a Freedom of Information Act (FOIA), can learn from Malawi.

e Malawi Human Rights Commission is an independent National Human Rights Institution (NHRI) established by the Constitution of the Republic of Malawi.

It has mandate over the implementation of the Access to Information Act (AIA). In Botswana, the Office of the Ombudsman – a creature of statute - has been transformed into a National Human Rights Institution. e country has sadly still not enacted a law to make information accessible to the public and any other user. e right to access information held by public bodies or authorities is a fundamental human right recognised and protected by international law such as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights – both of which Malawi is a state party to.

It is instructive and significant to point out that Botswana is also a state party to both the ICCPR and the ACHPR, but for some queer reasons, continues to refuse to enact a law on freedom of information. And like Botswana, Malawi has a Data Protection Act, which has, through Suzgo’s challenge, been tested! e same is true for the National Security Act, which jurisdictions across Africa hide under in their spirited attempts to keep information away from the public.