In the Southern Africa region, South Africa is the only country in which the right to information (RTI) is implemented, however imperfectly. Although Angola and Zimbabwe have legislation that is supposed to enable public access to information held by public authorities, their governments have not devoted resources to training or implementation. Their legal systems are compromised and do not provide ready avenues for the enforcement of the right to information. Zimbabwe’s law has more often been used to suppress information by punishing journalists for privacy invasion than it has been used to facilitate access to information. Several countries in the region are either sitting with draft bills yet to be tabled in Parliament or bills tabled in Parliament yet to be passed into law.  In other countries in the region, access to information bills have not even been drafted. While in most countries in the region, civil society organizations are calling for RTI laws and implementation, it is clear that advocacy alone has failed to persuade lawmakers to adopt and implement laws, regulations and policies needed to promote transparency.

The RTI programme is a joint initiative between SALC and the Open Society Justice Initiative (Justice Initiative) to promote access to information needed to advance and protect other fundamental rights guaranteed in constitutions as well as regional and international treaties. Through this programme, we will work closely with partners throughout the region to identify opportunities where we can help to obtain information of significance to communities and establish important precedents, in turn helping strengthen civil society demands for effective RTI laws. Possible forums include the domestic courts of the national jurisdictions in which SALC works, the Southern Africa Development Community Tribunal and the newly established African Court on Human and Peoples' Rights. We will initiate and support cases based on provisions of the African Charter on Human and Peoples' Rights that arguably require governments to disclose information of public interest as well as national laws that compel disclosure of certain categories of information, including laws on environmental protection, consumer rights, budget transparency, administrative procedure, anti-corruption and good governance.    

SALC/Justice Initiative’s work

·         To work with partners throughout the region to secure access to categories of information that will be useful for other human rights advocacy and protection programmes.

·         To use relevant legislation in countries without enforceable RTI legislation or constitutional provisions to gain access to information.

·         To provide legal assistance and support in key RTI cases in the region.

·         To engage in non-litigation RTI activities in order to identify litigation opportunities.

·         To undertake research and engage in discussions in order to promote maximum coverage of the right to information in the region.