Speeches

Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, on Information Commissions as Enablers for the Promotion, Protection and Monitoring of the Realisation of Human Rights in Africa at the hosting of the General Assembly of the African Network of Information Commissions (ANIC), held at the Holiday Inn Sunnyside Park Hotel, Johannesburg, 24 May 2024

Programme Director,
The Chairperson and Members of the South African Information Regulator,
Members of the various Information Commissions,
Distinguished guests and friends,

Firstly let me, from the side of Government, extend a warm welcome to all of you who are visiting South Africa from other countries on the continent, in particular those of you who are visiting us for the first time.

As you know, these next few days are going to be an extremely busy and important time for us – as we are having our country’s national and provincial elections which will bring with them the start of our 7th Administration since attaining democracy in 1994.

It is also the year in which we are celebrating 30 years of democracy, as we think back to 27 April 1994 when, for the very first, all South Africans of voting age could cast their ballots in a free, fair and open democratic election.

Our country’s transition to democracy also gave rise, firstly, to an Interim Constitution and then, later, to the 1996 Constitution.

Before 1994 the apartheid state was one of secrecy and a place where human rights abuses could take place because there was no transparency and no accountability.

It had a myriad of laws which restricted access to information – whether in the form of different security laws or under the guise of censorship.

Even after the dawn of democracy, the Truth and Reconciliation Commission did an investigation into the records of the former state and found that crucial state records were deliberately destroyed, particularly in early 1990s when the destruction of documents was undertaken on a massive scale.  The TRC found that –

“the mass destruction of records … has had a severe impact on South Africa's social memory. Swathes of official documentary memory, particularly around the inner workings of the apartheid state's security apparatus, have been obliterated …

Ultimately, of course, all South Africans have suffered the consequences – all are victims of the apartheid state's attempted imposition of a selective amnesia."

Because of our secretive and abusive past, the right of access to information features prominently in our democratic dispensation.

The right of access to information is enshrined in our Constitution and guarantees that everyone – in other words, not only citizens of our country, but everyone within our borders – has the right of access to any information held by the state.   

The right can also be applied horizontally as everyone has the right of access to information that is held by another person where such information is required for the exercise or protection of any right.

We also have the separate piece of legislation, the Promotion of Access to Information Act, 2000 to give practical effect to this constitutional right. 

The right of access to information holds immense power in ensuring accountability and transparency in public institutions and in empowering people to have information to exercise their other human rights.

Put boldly, the right of access to information is the enabler of all other human rights.

Information commissions, as the regulators and custodians of that right, are therefore of immense importance in safeguarding transparency, accountability and human rights and thus upholding the very foundations of a democracy.

Information commissions help to ensure that government bodies and institutions operate transparently. They empower citizens by granting access to public records, promoting accountability and preventing corruption.

By facilitating people’s right to access information held by public authorities, information commissions provide a mechanism for requesting and obtaining information and in so doing empower individuals and communities to participate in governance and decision-making.  

This also assists and empowers the media, civil society and human rights defenders.

Information commissions are vital to democratic processes and in building a culture of participatory democracy and enabling an informed citizenry by fostering civic engagement and community involvement.

On a more personal level, when people have access to relevant information, they can make informed choices about different aspects of their lives, such as accessing government services and knowing where to go for assistance when their rights are infringed.

Information commissions play an active role in defending human rights and in exposing and preventing human rights violations and abuses.  By investigating instances of the denial of information or by helping individuals get information, these interventions help to promote and protect fundamental human rights, social justice and the rule of law.

If we look globally, the United Nations has examined the impact of globalization on human rights and has stated that whilst globalisation can enhance access to information and technology, it also poses challenges.  This is where information commissions can help address these challenges by ensuring transparency, accountability and access to information.

International human rights institutions, including information commissions, contribute to shaping human rights behaviour and help to institutionalize human rights norms and standards.

Information commissions are also vital when it comes to assessing the impact of new technologies, such as information and communications technology, on human rights.

As you know, the General Assembly of the United Nations appointed UNESCO in 2015 as the custodian UN agency for the global monitoring of Sustainable Development Goal indicator 16.10.2 which pertains to the adoption and implementation of constitutional, statutory and/or policy guarantees for public access to information.

UNESCO also promotes the rights and values outlined in Article 19 of the Universal Declaration of Human Rights.  Out of 55 African Union Member States, UNESCO’s last report shows that 27 countries - 25 from Sub-Saharan Africa, along with Tunisia and Morocco - have adopted statutory guarantees for public access to information and that significant progress has been recorded worldwide, with a total of 135 UN Member States that have adopted access to information laws.

I want to also highlight some of the important findings made by UNESCO when it comes to access to information in Africa.

In 2021 UNESCO did a report on access to information laws in Africa and 15 countries from Africa responded to the UNESCO survey. The Africa Freedom of Information Centre (AFIC) also conducted a research project in 2021 on the implementation of national access to information laws in African countries.  

The analysis, based on the responses to the UNESCO survey and the AFIC findings, concluded that it is of key importance to have constitutional guarantees for access to information as well as separate legislation on access to information.

Equally important, it was found that in addition to such legal guarantees, an effective institutional setup is needed, including an independent access to information oversight body.

Furthermore, clearly defined and appointed roles and responsibilities and continuous training of duty-bearers should be introduced. In addition, there should be common standards for promoting access to information and broader collaboration between Ministries, Departments and Agencies.  

What is also required are periodic reviews of access to information implementation and stronger enforcement of punitive action against non-compliance with the law.

The adoption and adaption of ICT was also identified as being key for maximizing reporting capacity, cost efficiency, efficiency in record management, timeliness, and easy access to information.

Equally important is providing continuous training and awareness so that non-state actors are able to effectively advocate for the full implementation of systems across the state sector to enable greater access to information.

Most importantly, it was stated that while the right to information – in the form of legislation and constitutional guarantees securing this right - is intrinsically important to transparent and accountable democratic governance, the right to information does not necessarily translate into access to information.  In other words, having the right is not enough. Implementation is key.

I would argue, and I’m sure many would agree with me, that the biggest challenge we are facing when it comes to protecting and promoting human rights the world over, is misinformation and disinformation.

What do we mean by misinformation and disinformation?  

The distinction lies in the intent. Misinformation is the inadvertent spread of false information without the intent to do harm. It’s false information that is shared unintentionally or without malicious intent. For example, someone shares a piece of information that they honestly believe to be true, but it later turns out to be wrong.

Disinformation, on the other hand, is false information intentionally spread with the purpose of causing harm. Disinformation is orchestrated and intended to mislead. 

And the impact of both misinformation and disinformation can be significant, for example during elections, where deliberate manipulation can occur, it can shape public opinion, lead to conspiracy theories, stir up violence, normalise prejudices, and create distrust in reputable sources, to name but a few.

It poses significant risks to individuals, communities and society at large. We are seeing so-called “infodemics” where incorrect interpretations of health information can negatively impact mental health and/or delay the provision or access to healthcare.  Added to that is social media amplification, which happens when social media platforms spread misinformation rapidly, leading to opinion polarization.

Misinformation and disinformation can erode trust in information sources and political processes, potentially destabilizing social cohesion. During times of crises it can escalate panic and hinder effective responses.

Earlier I mentioned our upcoming elections that are taking place next week. Our own Independent Electoral Commission has taken crucial steps to combat the problem of disinformation around the elections. 

Media Monitoring Africa, which is an organisation that helps to promote ethical and fair journalism in support of human rights and democracy, has raised concerns about the proliferation of misinformation and disinformation on social media platforms and the significant threat this poses to the integrity of democratic processes.

They argue that the impact of false information can undermine public trust, hinder informed decision-making and distort electoral outcomes.

So how do we respond to these challenges? In trying to counter the rise of misinformation and disinformation, we need robust legal frameworks and legislative provisions.

But the law is not enough.  We also need proper implementation of the law, awareness campaigns, enhanced digital literacy, proper fact-checking and ensuring that reputable sources proactively giving out reliable data and information.

This is where information commissions have a key role to play. If we can ensure easy public access to accurate information and data, it leaves less room for misinformation and disinformation to flourish.

I want to wish you all the best in your deliberations at this event and also in the extremely important work you do as the guardians and enablers of information in your respective commissions.

Let us never forget that each and every person here plays a pivotal role in upholding democratic values and in protecting and promoting human rights in the world.

I thank you.