Access to Information
Access to information is a human right. This right enables citizens to request and receive information held by a public or private body that utilises public funds or is in possession of information that is of significant public interest. This is necessary in a democracy as it promotes transparency and accountability and enhances democratic participation. When citizens are allowed access to information, they are able to hold public officials accountable for their actions and decisions. They can also play a crucial role in combating corruption.
Information requested by citizens
After more than two decades of advocacy towards enactment of access to information law, the Access to Information (ATI) Act no. 24 of 2023 was passed by Parliament in 2023. The ATI Act provides for the right to access information and designates the Human Rights Commission as the institution responsible for providing oversight on matters relating to access to information.
The Act mandates the Commission to hear and determine appeals against decisions of information holders relating to access to information.
Section 38 (1) of the Act provides that
“The Commission may, in consultation with the Ministry responsible for information, in the performance of its functions under this Act, develop and issue Guidelines that are necessary for the better carrying out of the provisions under this Act.
Section 39 of the Act provides that
“The Chief Justice may, by statutory instrument, make Rules relating to—
(a) the manner and form for lodging of appeals to the Commission;
(b) the mode of summoning before the Commission;
(c) the form and manner of service of summons requiring the attendance of witnesses and the production of any book, record, document or other information;
(d) the procedure to be followed and the rules of evidence to be observed in proceedings;
(e) the notification of decisions of the Commission; and
(f)such other matters necessary for the performance of the functions of the Commission when hearing and determining an appeal”
Section 40 of the Act provides that
“The Minister responsible for information may, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act”.
Guidelines, Rules and Regulations.
To ensure effective implementation of the ATI Act, the Commission has collaborated Ministry of Information and Media, Ministry of Justice, the Judiciary and other key stakeholders, in the development the Guidelines, Rules and Regulations.