TIZ urges stronger enforcement of right-to-information laws in Southern Africa

In Zambia, the brief said democratic gains faced institutional capacity constraints, compounded by legacy secrecy laws such as the State Security Act No. 36 of 1969 and newer legislation including the NGO Act of 2025 and the Cyber Security Act of 2025.

It said tensions between RTI legislation and secrecy, privacy and security regimes could allow officials to invoke legal uncertainty to prevent disclosure.

The brief also said RTI mechanisms were often used primarily by urban and digitally connected groups, while rural and resource-rich communities affected by corruption remained excluded because of the digital divide and inadequate whistleblower protections.

“These constraints, together with the risk of political inertia, could erode early gains if not actively managed, particularly in mining, natural resource governance and public procurement,” it warned.

The brief recommended four areas of action: stronger enforcement, legal coherence, proactive publication of information and improved whistleblower protection.

“National legislatures should review and, where necessary, amend RTI statutes and associated laws to ensure that sanctions for wilful non-compliance are clear, proportionate, and enforceable,” the brief recommends.

It proposed that South Africa’s Information Regulator be empowered to impose administrative fines for repeated or wilful non-compliance, while Zambia should fully operationalise the Access to Information Act No. 24 of 2023 through guidelines, appeals rules and adequate staffing of the Human Rights Commission.

“States should establish clear interpretive rules that make maximum disclosure the default, allow exceptions only where there is a clearly demonstrable risk of real harm,” the brief said.

It called for systematic legal reviews led by justice ministries and law reform commissions to amend or repeal secrecy, security and privacy provisions that conflict with RTI obligations, while ensuring that public interest considerations prevail where corruption is uncovered.

The brief also called on governments to institutionalise regular and proactive publication of key information in high-risk sectors, supported by improved records management, open-data standards and inclusive dissemination strategies.

It recommended that South Africa and Zambia publish budgets, procurement plans, tender notices, awarded contracts, beneficial ownership information and audit reports through online platforms as well as community radio, noticeboards and local newspapers.

The brief further called for comprehensive whistleblower protection systems combining legal safeguards with confidential reporting channels, psychosocial support, relocation assistance and legal advice.

“RTI’s anti-corruption potential is not realised by legislation alone, Southern African states must move from formal transparency to enforceable, participatory accountability,” the brief recommended.

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