The Open Democracy Bill has already been before a Cabinet committee and is expected to go before the full Cabinet in the next three weeks. It is a long and complex Bill intended to give teeth to the government’s undertaking to give meaning to the idea of open democracy.
If enacted, the Bill would give ordinary citizens a great deal of power over the officials and politicians who have otherwise to worry only about five-yearly elections. It establishes a citizen’s right to all sorts of government information, providing very limited reasons why officials can refuse such information; it opens almost every government meeting to public viewing; and it provides protection for “whistleblowers” — bureaucrats who expose corruption or maladministration.
This Bill is the ultimate weapon against corruption. It will make us a world leader on democratisation and make true the promise to carry the process of transparency through to its fullest extent.
The Bill will have many enemies among politicians and public servants. They will seek to show that it will cost money, add to the bureaucracy and make their lives difficult. But this would be a worthwhile cost for a very important law. If it helped prevent corruption and improve accountability, it would save a lot more than it costs.
There are also some lobbies seeking to extend the scope of the Bill, for example, to cover private companies. It would be a pity if such a progressive law was held up because its supporters overreached themselves and gave ammunition to the Bill’s critics.
The passage of the Bill will depend to a large extent on Deputy President Thabo Mbeki, from whose department it originates. He could prove his commitment to democratic accountability by defending it and chasing it through the legislative process.
The passage of this Bill will test whether the ANC government’s purported commitment to openness, accountability and democratisation carries weight.