25 Aug 2021

The Ministry for Presidential Affairs, Governance and Public Administration has started consultations on the drafting of a Freedom of Information Bill, Minister Kabo Morwaeng told Parliament recently.

Mr Morwaeng said this in response to a parliamentary question asked by Maun West MP, Mr Dumelang Saleshando who wanted to know when the minister planned to table the Freedom of Information Bill.

The minister said that from the consultations, it was noted that such legislation would have a direct bearing on other legislation such as Data Protection Act and National Archives and Record Services Act which related to access of information held by public authorities to the public.

“Therefore, a holistic review of what needs to be done to have an effective freedom of information law had to be conducted. 

It is worth noting that such law would generally provide for the classification of information, access to information and information that the public is exempt from accessing,” he said.

Again, he said from the consultation, it was noted that exemptions would include information relating to national security, international relations, prevention, investigation, detection and prosecution of offences and/or breaches of ethics of regulated professions, taxation matters, regulatory functions, private advice given in confidence and such other information as may be deemed prejudicial to the protection of society. 

In addition, he said there would need for an authority that would regulate and administer the functions prescribed by the law.

He indicated that it was against this background that the ministry had started the process of drafting instructions and sharing them with all concerned stakeholders, saying the envisaged law would necessitate consequential amendments on some legislation to make it effective and not in conflict with any other laws.

“For this reason, we did not and still do not, want to take a piece meal or rushed approach to this very important piece of legislation. 

Note, however, that we have made worthy strides pertaining to the Data Protection Act which is, itself, yet to commence, and work is ongoing to ensure that it commences. I  reaffirm that we will table the Freedom of Information Bill once all the aforementioned pre-requisites have been aligned,” he said.

Nevertheless, Mr Morwaeng reassured legislators of government’s high regard for transparency, as a component of enhancing good governance and the rule of law. Indeed, a Freedom of Information Bill could contribute to the upholding of this ideal. 

Such a bill should, nevertheless, be prepared with regard for all other existing legislative instruments. ENDS