Freedom of Information, Records Management and Good Governance. Any Symbolic Relationship?

Sebina, Peter Mazebe Ii Mothataesi

doi:10.4314/esarjo.v23i1.30963

Cited by 8 publications

(12 citation statements)

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“…Governments around the world are often praised for good or rebuked for bad governance, both of which are predicated on functional records management and the enactment of Freedom of Information (FOI) legislation (Sebina 2003). Proper records management systems and practices should therefore be in place for good governance in Africa.…”

Section: Good Governance Accountability and Transparencymentioning

confidence: 99%

“…Accountability and transparency are key components of good governance (Sebina 2003 This shows that out of 54 African countries, only 42.6 % have enacted FOI legislation which allows members of the public to have access to government information. In the absence of FOI legislation in most African countries, good governance will remain a dream due to lack of access to information.…”

Section: Records Management As a Means Of Accountability In Good Govementioning

confidence: 99%

“…Lack of awareness of the importance of records management is a hindrance to proper records management practices (Sebina 2003). According to Barata and Cain (2001:250) "although financial records are usually covered by public records legislation, government-wide surveys in The Gambia and Zimbabwe indicate that financial managers are often unaware of the fact that financial records become an unmanaged resource with serious consequences for fiscal accountability."…”

Section: Poor Awareness Of the Importance Of Records Managementmentioning

confidence: 99%

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The role of records management in ensuring good governance in Africa

Mosweu

Rakemane²

2020

J. South Afr. Soc. Archiv.

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Proper records management is central to the promotion of good governance. Africa is a continent which has generally been riddled with poor governance. Principles of good governance such as accountability, transparency and the rule of law are ascertained with available records. Poor records management practices promote bad economic practices such as corruption and fraud. An assessment of the performance of government can thus be realised through proper records management and access to information. Good records management practices therefore lead to good governance and vice versa; thus, the role of records management in promoting good governance cannot be overemphasised. However, there are some likely impediments that may hinder the promotion of good governance through records management in the African context. This paper explored the role played by records management in ensuring good governance in Africa. It then suggests strategies to promote good governance through proper records management practices. The paper contends that outdated archival laws, backlog of unprocessed records and absence of access to information laws in some African countries are the major impediments to the promotion of good governance. The paper recommends an amendment of outdated laws and the promulgation of access to information legislation as major initiatives, among others, which put records management in the forefront of promoting good governance in the continent.

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Section: Good Governance Accountability and Transparencymentioning

confidence: 99%

Section: Records Management As a Means Of Accountability In Good Govementioning

confidence: 99%

Section: Poor Awareness Of the Importance Of Records Managementmentioning

confidence: 99%

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The role of records management in ensuring good governance in Africa

Mosweu

Rakemane²

2020

J. South Afr. Soc. Archiv.

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“…Without the right of access to information, the affirmation and, "more concretely, the realisation of all other fundamental rights and freedoms are compromised" (Ngoepe 2008). Sebina (2004) observes that promulgation of FOI by governments is an assurance to the public that it is transparent and accountable. Indeed, FOI is enacted by governments to facilitate free flow of official information to the public.…”

Section: Introduction and Background To The Studymentioning

confidence: 99%

Compliance with freedom of information legislation by public bodies in South Africa

Nkwe

Ngoepe

2021

Government Information Quarterly

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In South Africa, freedom of information (FOI) or the right of access to information (ATI) is entrenched in section 32 of the Constitution. Section 32 guarantees every citizen the right of access to any information held by the state or held by any other person that is to be used for the protection or exercise of any right. The Promotion of Access to Information Act (PAIA) is the law that gives effect to section 32 of the Constitution. Regardless of a remarkable trend towards the adoption of FOI laws globally, international trends have shown this does not automatically translate into fulfilment of people's right to information, as access to information by citizens remains a challenging factor. This study utilised mixed method research through the explanatory sequential design to assess compliance with FOI legislation by public bodies in South Africa with the view to ensure transparency, accountability and good governance. In this regard, the study first conducted a quantitative study by analysing the reports of the South African Human Rights Commission from the reporting years 2006/07 to 2016/07 to assess compliance with sections 14, 17 and 32 of the PAIA. The compliance trends were identified and thereafter a qualitative study was conducted to answer the question why the situation was the way it was. In this regard, interviews were conducted with a purposively chosen sample from complying and non-complying public bodies. The targeted participants were records managers, deputy information officers or officials responsible for PAIA in each chosen public body. The mixing strategy for the current study was at the data analysis, presentation and reporting level. Key results suggest that over the years, there were problems in the implementation of the FOI legislation in South Africa and its use was limited.Where implementation has taken place, it has been partial and inconsistent. The responsibility for implementation of FOI legislation in most public bodies is assigned to legal departments that do not have knowledge of what records are created, where and how they are kept. With regard to compliance, in terms of the degree of comparison, the situation was better in national departments, worse in provincial departments (with full compliance from the Free State, Limpopo, Western Cape and, to some extent, KwaZulu-Natal) and worst in municipalities. The study recommends the establishment of an information governance unit to implement FOI in public bodies. This unit will also be responsible for other information functions such as records management and information technology. Failure to assign responsibility to a relevant unit would perpetuate the non-compliance with FOI legislation in South Africa. As a result, accountability, transparency and good governance preached by the public sector to advance democracy in South Africa would be a mirage. A model for the implementation of PAIA within a public body is suggested.

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“…In reality, statutory weaknesses, together with non-compliance by government agencies, a lack of demand for information from the public, and the absence of an efficient accountability and administrative and/or judicial oversight mechanisms have led to significant failures in FOI implementation. Granting free access at the same time means having a free (Sebina 2004(Sebina , 2006Glover et al 2006) need to evolve to facilitate the free flow of information. Last, but not least, the gradual updating of FOI regulations to reflect social and technological improvements is a requirement if progress is to be maintained.…”

Section: Lessons For Countries Which Have Introduced or Intend To Inmentioning

confidence: 99%

Securing freedom of information in Vietnamese government and law

Hue¹

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This research concerns freedom of information (FOI) Vietnam already has several factors necessary for the establishment of a mechanism for information access. This means that Vietnam can adopt an FOI reform as part of broader ongoing democratic reform. By reforming FOI, a flow of information will be created, enabling public access to public information while eroding public administrative secrecy. Gradually, it is to be hoped, FOI will help strengthen good governance in Vietnam as transparency, efficiency and accountability in the operation of government increase.The research documents however that enacting a specific FOI law is just the initial step to reforming FOI. As the Vietnamese government and Vietnamese law have many distinctive attributes, the research suggests that it is unrealistic to unrealistic to proceed, initially, with an overly ambitious FOI act. Instead, the Vietnamese government could consider a reform aiming to 'push' public agencies to disclose more information and encourage the public to 'pull' public agencies to extract information. 3Such a reform, together with other efforts to improve the cultural, social, economic and political environment, should gradually increase information disclosure and make possible the formation of the free flow of information that is essential for good governance and protection of diverse social interests.As a tool for good governance, FOI cannot work alone but relies on interaction with other accountability, transparency and efficiency mechanisms and a supportive local context. This thesis emphasises that FOI reform in Vietnam should be accompanied by detailed strategies to accommodate the FOI legislation to its new environment and also to make local conditions more receptive.4

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Freedom of Information, Records Management and Good Governance. Any Symbolic Relationship?

Cited by 8 publications

References 0 publications

The role of records management in ensuring good governance in Africa

The role of records management in ensuring good governance in Africa

Compliance with freedom of information legislation by public bodies in South Africa

Securing freedom of information in Vietnamese government and law

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