6 | Zimbabwe Rule of Law Journal
the right of access to information is predicated on the need for accountability.22 Diallo and
Calland23 posit that the right of access to information serves different democratic objectives
which include holding government to account and increasing citizen participation in State
or public affairs.
The right of access to information is perceived as a leverage right which gives effect to
the values of transparency and accountability because it allows citizens to access certain
useful information held by the State; to scrutinize the lawfulness, propriety and rationality of
decisions taken;24 and to hold their leaders accountable. Furthermore, the right of access to
information gives the citizens access to certain information which they can use to assess and
establish whether or not their rights have been violated or are being threatened.25 Hence
the right of access to information is perceived as a right which is meant to give effect to the
idea of open and transparent government, as well as facilitate the exercise of other rights.
The notion that the right of access to information is purposed to foster transparency and
State accountability has also been endorsed in South Africa,26 for instance, in the seminal
case of Brümmer v Minister for Social Development27 where the Constitutional Court of
South Africa held as follows:
“The importance of this right ... in a country which is founded on values of accountability,
responsiveness and openness, cannot be gainsaid. To give effect to these founding
values, the public must have access to information held by the State. Indeed one of
the basic values and principles governing public administration is transparency. And the
Constitution demands that transparency must be fostered by providing the public with
timely, accessible and accurate information”
22
23
24
25
26
27
Gorge Devenish. A Commentary of the South Africa Bill of Rights (1999) at 446
Fatima Diallo and Richard Calland (Ed). Access to Information in Africa: Law, Culture and Practice (2013) at 21
See Note 23 at 685
See Note 23 above
See ss 1 (d) and 32 of the Constitution of South Africa, 1996
2009 (6) SA 323 (CC); 2009 (11) BCLR 1075 (CC) at 62.
Select target paragraph3
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