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Zambia’s Access to Information Bill: Navigating the Path to Transparency Amidst Potential Challenges, By Misheck Kakonde

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Zambia’s recent passage of the Access to Information (ATI) bill stands as a significant leap towards fostering transparency and accountability within governance. Yet, beneath this positive stride, critical concerns emerge that warrant immediate attention. Foremost among these is the assignment of oversight to the Human Rights Commission (HRC) for the ATIs execution. However, the HRC faces inherent challenges, notably resource constraints, which could impede its effective enforcement of this pivotal role.

Insufficient funding and staffing shortages might compromise the commission’s capacity to robustly implement the ATI, posing a concern for its efficacy.

The language within Section 23(2)(a) of the bill, specifically addressing third-party consent, raises alarm about inadvertent consent instances where individuals might unknowingly grant consent, such as when signing contracts without a comprehensive understanding of the implications. To fortify this, rephrasing and emphasising informed consent becomes imperative to ensure individuals fully comprehend the consequences of their actions.
Crucially, harmonising the ATI bill with the Data Protection Act assumes paramount significance.

This synchronisation acts as a shield against potential misuse of personal information obtained through the ATI process. Ensuring coherence between these laws is essential to avoid contradictions and safeguard citizens’ privacy rights effectively. Granting prosecutorial powers to the HRC emerges as an indispensable step for the ATI’s effective enforcement. Presently lacking these powers, empowering the HRC to prosecute would significantly enhance its ability to ensure compliance and address violations, thereby strengthening the implementation of the bill.

I hold the view that, as compared to using the same model with South Africa, we would have given the oversight institution role to parliament and allowed parliament to be an oversight institution for the implementation of the Act, this time through an assigned parliamentary officer.

Furthermore, an independent officer could be appointed by the legislature or parliament. The role of the officer would be to run an open desk to investigate complaints from individuals, government agencies, or public institutions. They must be empowered by their team to have the power to receive complaints, mediate disputes, ensure compliance with the law, work with the judiciary to facilitate prosecution and educate the public about their rights regarding access to information.

Instituting a comprehensive review and rigorous enforcement strategy for the bill is imperative, drawing from past challenges during political transitions. Addressing ambiguities and potential loopholes becomes a proactive measure to prevent selective enforcement or misuse of the Act.

The officer and the team at parliament must run an open-door policy involving civil society organizations, legal bodies, and educational institutions to allow them to amplify the bill’s actualization through submissions for improvement. Also, it facilitates easy phone access for the public for submissions on challenges and guidance on individual rights to information.

The UPND government’s commitment to enacting the bill into law is commendable. However, it is imperative to engage in deliberations and revisions to address concerns before enactment. This meticulous approach fortifies the law’s efficacy, ensuring it actively serves its core purpose of promoting transparency and accountability in Zambia’s governance landscape.

Misheck Kakonde is a legal scholar and comparative politics specialist (MA). Email: misheckkakonde@gmail.com

Strictly Personal

In 64 years, how has IDA reduced poverty in Africa? By Tee Ngugi

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The name of the organisation is as opaque as a name can get: World Bank’s International Development Association (IDA).

I had never heard of it. And suppose I, who follows socioeconomic developments that affect Africa, had never heard of it until last week when it convened in Nairobi. In that case, likely, only a handful of people outside those who serve its bureaucracy had ever heard of it.

Maybe IDA intends to remain shadowy like magicians, emerging occasionally to perform illusions that give hope to Africa’s impoverished masses that deliverance from poverty and despair is around the corner.

So, I had to research to find out who the new illusionist in town was. IDA was founded in 1960. Thirty-nine African countries, including Kenya, are members. Its mission is “to combat poverty by providing grants and low-interest loans to support programmes that foster economic growth, reduce inequalities, and enhance living standards for people in developing nations”.

It’s amazing how these kinds of organisations have developed a language that distorts reality. In George Orwell’s dystopian novel, Nineteen Eighty-Four, the totalitarian state of Oceania devises a new language. “Newspeak” limits the thoughts of citizens of Oceania so that they are incapable of questioning whatever the regime does.

Let’s juxtapose the reality in Africa against IDA’s mission. Africa has some of the poorest people in the world. It contributes a paltry two percent of international trade. It contributes less than one per cent of patents globally.

The continent has the largest wealth disparities in the world. Millions of people across Africa are food insecure, needing food aid. A study has indicated that Africa is among the most hostile regions in the world for women and girls, because of residual cultural attitudes and the failure of governments to implement gender equality policies.

Africa has the largest youth unemployment rate in the world. Africa’s political class is the wealthiest in the world. Africa remains unsustainably indebted. The people who live in Africa’s slums and unplanned urban sprawls have limited opportunities and are susceptible to violent crime and natural and manmade disasters.

As speeches in “Newspeak” were being made at the IDA conference, dozens of poor Kenyans were being killed by floods. These rains had been forecast, yet the government, not surprisingly, was caught flatfooted.

So in its 64-year existence, how has IDA reduced poverty and inequality in Africa? How has its work enhanced living standards when so many Africans are drowning in the Mediterranean Sea trying to escape grinding poverty and hopelessness?

As one watched the theatre of leaders of the poorest continent arriving at the IDA illusionists’ conference in multimillion-dollar vehicles, wearing designer suits and wristwatches, with men in dark suits and glasses acting a pantomime of intimidation, and then listened to their “Newspeak,” one felt like weeping for the continent. The illusionists had performed their sleight of hand.

Tee Ngugi is a Nairobi-based political commentator

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Strictly Personal

This Sudan war is too senseless; time we ended it, By Tee Ngugi

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Why are the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RPF) engaged in a vicious struggle? It is not that they have ideological, religious or cultural differences.

Not that people should fight because of these kinds of differences, but we live in a world where social constructions often lead to war and genocide. It is not that either side is fighting to protect democracy. Both sides were instruments of the rapacious dictatorship of Omar el-Bashir, who was overthrown in 2019.

 

Both are linked to the massacres in Darfur during Bashir’s rule that led to his indictment by the International Criminal Court for crimes against humanity. They both stood by as ordinary, unarmed people took to the streets and forced the removal of the Bashir regime.

 

None of these entities now fighting to the last Sudanese citizen has any moral authority or constitutional legitimacy to claim power. They both should have been disbanded or fundamentally reformed after the ouster of Bashir.

 

The SAF and the RSF are fighting to take over power and resources and continue the repression and plunder of the regime they had supported for so long. And, as you can see from news broadcasts, they are both well-versed in violence and plunder.

 

Since the fighting began in 2023, both sides have been accused of massacres that have left more than 30,000 people dead. Their fighting has displaced close to 10 million people. Their scramble for power has created Sudan’s worst hunger crisis in decades. Millions of refugees have fled into Chad, Ethiopia and South Sudan.

 

The three countries are dubious places of refuge. Chad is a poor country because of misrule. It also experiences jihadist violence. Ethiopia is still simmering with tensions after a deadly inter-ethnic war.

 

And South Sudan has never recovered from a deadly ethnic competition for power and resources. African refugees fleeing to countries from which refugees recently fled or continue to flee sums up Africa’s unending crisis of governance.

 

Africa will continue to suffer these kinds of power struggles, state failure and breakdown of constitutional order until we take strengthening and depersonalising our institutions as a life and death issue. These institutions anchor constitutional order and democratic process.

 

Strong independent institutions would ensure the continuity of the constitutional order after the president leaves office. As it is, presidents systematically weaken institutions by putting sycophants and incompetent morons in charge. Thus when he leaves office by way of death, ouster or retirement, there is institutional collapse leading to chaos, power struggles and violence. The African Union pretends crises such as the one in Sudan are unfortunate abnormally. However, they are systemic and predictable. Corrupt dictatorships end in chaos and violence.

 

Tee Ngugi is a Nairobi-based political commentator.

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