Beyond a Quarter Century: A Civil Society Critique of South Africa’s Access to Information Law and the Path to Reform

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DOI: https://doi.org/10.5281/zenodo.19564260

Lesetja F Legodi and Ricky M Mukonza (Department of Public Management, Tshwane University of Technology, Pretoria, South Africa)

Twenty-five years later, South Africa, the first African country to acknowledge that access to information is imperative for development and was later passed into law through the Promotion of Access to Information Act (PAIA). The main objective of the law was to allow ordinary citizens to request and access information from the government and hold it accountable using a transparency framework. The study’s two-fold approach aims to explore the CSOs’ perspectives on the promotion of PAIA and assess if there is a need for legislative reforms to enhance its efficiency. Against this background, the study used a qualitative research approach to collect primary data through semi-structured interviews. The data were thematically analysed using ATLAS.ti and content analysis, which revealed that PAIA has promoted a culture of openness, countering the secrecy culture that was the norm during apartheid. The findings further reflected that an improved execution, supported by training and public awareness, could improve information access without any need for legislative changes. The study’s conclusions revealed a serious challenge of public awareness regarding PAIA, necessitating the need for severe penalties to deter officials from obstructing access, as supported by the South African Information Regulator office. The study contributes by highlighting the current policy discourse and advocating for a comprehensive implementation and reform of the PAIA legislation to align with the latest developments in the South African context. Further contributions are to aggravate debate on the issue and improve the PAIA’s effectiveness on the promotion of access to information and transparency and accountability due to reforms.