Assembly approves Access to Information Bill |23 May 2018

The National Assembly resumed its sitting yesterday wherein members approved the Access to Information Bill, 2017.

The bill was brought before the National Assembly by Vice-President Vincent Meriton assisted by Attorney General Frank Ally.

When enacted the bill will provide the public with the statutory right to gain access to information held by public bodies identified as follows:

- Authorities and institutions performing government functions which include ministries and their various departments;

- Bodies owned, controlled or financed by the government including parastatals;

- Non-governmental organisations (NGOs) financed directly or indirectly by state funds.

Its objective is to firstly reinforce and give vigour to the provisions of Article 28 of the Constitution which stipulates a citizen’s right to official information.

It also aims to counter corruption and malpractice by facilitating transparency, good governance and accountability.

“In fact the right to information is a universal one which was adopted by the United Nations’ General Assembly in 1948 and even though Seychellois have had comparatively easier access to information in regards to similar countries, there have still been talks that the population have not been able to exercise this right fully,” Vice-President Meriton said.

“This bill presented today puts an end to this because we are proposing a legal structure that will guarantee such rights.”

Although the Act makes provisions for the disclosure of information from the relevant authorities, it also exempts some classes of information from the duty of disclosure.

These exemptions include information that might compromise state security, endanger the life and safety of an individual or cause substantial damage to the country’s economy.

Modelled on the African Union’s model law on access to information, the bill provides for the designation of an information officer who will be responsible for processing these requests.

Under the bill, a public body will be responsible for facilitating access to its information by publishing information within 30 days of it being generated; provide annual publications of its directory of employees, travel and hospitality expenses, actual budget, revenue and expenditures and details of its processes and procedures among others.

The public body will also submit annual reports to the Information Commission which would be created under section 54 of the Access to Information Act.

It is to be noted that the Information Commission will play an instrumental role in regards to the appeals process wherein any requester may file an appeal against a refusal to the commission.

Among its powers, the commission will be able to impose a fine not exceeding R25,000 in cases where the information officer refuses to receive an application or does not provide the information within the stipulated time frame.

A penalty of 5 years imprisonment and R250,000 fine will also be applicable in cases where an individual denies right to information through acts such as destroying, altering and concealing information.

Debate on the merit of the bill spanned over the entire afternoon and concluded with amendments to change the wording of NGOs to that of civil society and the appointment of the Chief Information Commissioner to be nominated by the Constitutional Appointments Authority with Presidential approval.

VP Meriton described the approval of the bill as a revolutionary moment in the country’s information sector which will lead to a radical transformation in the way the government conducts its business.