Journal Article

Access to Information and Constitutional Accountability

Calland, Richard

2017

Overview

Recent corruption scandals pivoting around South Africa’s President Jacob Zuma have knocked much of the gloss off of the country’s rosy constitutional face. But it’s democracy is proving to be resilient in the face of severe challenges to public accountability and transparency. Enshrined in its much-admired Constitution, the right of access to information (ATI) is proving to be a valuable tool that equips key users of the enabling legislation, the Promotion of Access to Information Act 2000 (PAIA), such as investigative journalists or opposition political parties to challenge those in power. While there is a good deal of literature on ATI in South Africa, there is a dearth of scholarly writing on the specific relationship between ATI/PAIA and political accountability. This paper aims to help fill this gap and to do so by use of empirical research that draws on the direct experience of members of four categories of ‘PAIA protagonists’. The evidence of some of the most prominent sets of users of access to information law in South Africa suggests that while this may present itself as the task of Sisyphus, the results can be politically as well as legally significant, thereby justifying the investment in time and resources. The research and analysis shows that the use of ATI law in South Africa is certainly ruffling feathers and helping to inject additional much-needed sharpness and vigour into the democratic process and to entrenching a new culture of constitutional accountability.

• Publisher: Nomos Verlagsgesellschaft mbH & Co. KG,Nomos Verlagsgesellschaft mbH und Co KG
• Subject: ABHANDLUNGEN / ARTICLES / Access / Access to information / Accountability / Constitutions / Corruption / Democracy / Information / Investments / Journalists / Law / Legislation / Political parties / Political power / Power / Research methodology / Scandals / Transparency