| 12 |
Do citizens have a legal right of access to information? |
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12a:
In law, citizens have a right of access to government information and basic government records.
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| Score: |
YES |
NO |
 |
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Comments: Some people tend to confuse the right to freedom of expression, as guaranteed by article 21 of the Constitution of the Republic of Namibia, with the right to information, which thus far has not been accommodated within the existing legal frameworks.
References: Although there is a draft Information Policy, this has not yet been promulgated into policy.
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12b:
In law, citizens have a right of appeal if access to a basic government record is denied.
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| Score: |
YES |
NO |
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Comments:
References: Although the draft Information Policy makes provisions to this effect, it has not yet been promulgated into law.
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12c:
In law, there is an established institutional mechanism through which citizens can request government records.
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| Score: |
YES |
NO |
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Comments:
References: Although the draft Information Policy makes provisions to this effect, it has not yet been promulgated into law.
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| 13 |
Is the right of access to information effective? |
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13a:
In practice, citizens receive responses to access to information requests within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Legally there are no provisions entitling citizens to the right to information, however this does not preclude citizens to request information, nor does it prevent the relevant institutions to provide citizens with the requested information. This is therefore not mandatory, but is left to the discretion of the various institutions and/or officials. Hence, on the question of whether "in practice, citizens receive responses to access to information requests within a reasonable time period," this varies from institution to institution, as well as the different persons within such institutions.
References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek
Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek
Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek
Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
Kangwa-Wilkie S. Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
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13b:
In practice, citizens can use the access to information mechanism at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
|
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Comments: There are no generic mechanisms in place across and within institutions.
References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek
Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek
Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek
Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
Kangwa-Wilkie S. Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
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13c:
In practice, citizens can resolve appeals to access to information requests within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is simply no legal basis for such appeal, as the provision of information is mainly done at the discretion of the institution and/or person concerned.
References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek
Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek
Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek
Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
Kangwa-Wilkie S. Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
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13d:
In practice, citizens can resolve appeals to information requests at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is simply no legal basis for such appeal, as the provision of information is mainly done at the discretion of the institution and/or person concerned.
References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek
Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek
Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek
Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
Kangwa-Wilkie S. Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
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13e:
In practice, the government gives reasons for denying an information request.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: This happens only sometimes, and here the emphasis is not only on any reason, but more on reasonable reasons.
References: Ndjarakana M., Director of the Namibia Democracy Support Centre; previously served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek
Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek
Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek
Maletsky C., Assistant News Editor at the Namibian Newspaper, also serving as the Chairperson of the Namibian Chapter of the Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
Kangwa-Wilkie S. Program Officer: Freedom of Expression and Right to Information, Media Institute of Southern Africa, Monday, Jan. 14, 2008, Windhoek
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