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The purpose of this study was to investigate a framework for the implementation of freedom of information (FOI) legislation in South Africa, against Article 19’s nine principles of FOI legislation.

This qualitative study used semi-structured interviews to collect data from six experts selected by means of the snowball sampling technique and content analysis. The study used a modified Delphi design consisting of two rounds of interviews.

The results showed that little effort is made by government officials to demonstrate commitment to the implementation of FOI legislation.

The passing of FOI is expected to reduce corruption, increase public participation, reduce the level of secrecy and increase transparency and openness. This is not the case as the implementation of this socioeconomic right in South Africa is faced by numerous challenges, such as a lack of political will, secrecy laws providing for the opposite of what the FOI legislation seeks to achieve, poor legislative interpretation and a lack of clear policies. The study proposes a framework aimed at addressing these challenges.

The study provides a framework for the implementation of FOI legislation. The framework was developed under the guidance of Article 19 principles of freedom of information legislation.

To argue that developing countries in the Southern African Development Community (SADC) region should embrace the concept of freedom of information to enable better human rights and economic development.

The paper reviews the current situation through discussion of current legislation and proposed policies.

Whereas several theories abound as to why there has been little development in sub‐Saharan Africa, this paper discusses the status of freedom of information legislations within the SADC region and the implications for accountability and transparency in the management of public resources.

The paper suggests the importance of further research into the importance of freedom of information legislation for economic and human rights development.

The paper has practical implication for those considering the potential of freedom of information legislation in developing countries.

Freedom of information has largely taken a back seat amidst several social, economic and political reforms that have been instituted collectively or by individual countries. It is the view of this paper that freedom of information provides an important link for the economic, social and political reform initiatives.

Agitation for adoption of freedom of access to government information is an emerging issue in Africa and has gathered momentum since 2000 when South Africa passed the first freedom of information (FoI) law in the continent. This paper aims to discuss the extent of passage of FoI laws in Africa, the reality of their implementation in some of the countries and the critical challenges and recommendations.

A document analysis approach was adopted for gathering vital information on the realities and challenges of FoI implementation in Africa. Literature on the concepts, principles and practice of FoI were reviewed, and relevant facts and figures were extracted to buttress the authors’ argument.

Only 14 (25.5 per cent) of the 55 countries in Africa had signed FoI law as on January 31, 2015; 16 (29.0 per cent) are still lobbying, while 25 (45.5 per cent) of the states had no significant plan yet. Political factors like colonial legacy, poor leadership, inexperienced record managers for the implementation of FoI Acts (FoIA), corruption and hydra-headed clauses such as “national security, and other privacy rights” impede access to government records in Africa. The paper recommended among others that African countries should amend restrictive laws that continue to impede full implantation of FoI laws.

Implementation of the provisions in the FoIA in Africa will not be realistic unless those restrictive clauses that hinder citizens from freely accessing government information are reviewed in line with free access to information.

This paper appears to be the first to review the status of FoIA in Africa since the first right to information laws were signed in the continent.

‘Freedom of information’ legislation, establishing a public right of access to most government records, is an international trend. With the exception of the Swedish constitutional provision, most of these laws have been adopted since the 1960s. They go beyond merely reforming the criminal law on government information by establishing a positive right of access to records, with narrowly‐drawn exemptions, and with independent arbiters to decide disputes. Three Commonwealth countries with Westminster‐style constitutions have adopted such laws, and it seems likely that the UK will follow by 1990.

Democratic countries all over the world are embarking on initiatives to empower citizens through public participation. One of the tools used by countries to promote public participation is the enactment and implementation of freedom of information (FOI) legislation, as it is the case with South Africa and Zimbabwe. Despite having legislation reaffirming the need for people’s right to know, practices in South Africa and Zimbabwe indicate the opposite. The purpose of this study is to explore FOI models in South Africa and Zimbabwe, with a view to recommend ways in which people’s right to know can be promoted.

This qualitative study used interviews to collect the data from 12 FOI experts in South Africa and Zimbabwe, who were selected through the snowball sampling technique. Data collected through interviews were supplemented by the data collected through document analysis.

The study concluded that the key role players need to make efforts to ensure that the right to know, which is associated with FOI, is being realised in both countries. FOI legislation, in both countries, is imprecise and needs to be revised to ensure effective implementation.

The study demonstrates that FOI is a necessary tool for people to be involved in decision-making in government. People’s rights to know can be achieved by successfully implementing FOI legislation.

As an emerging discipline, information governance (IG) presents a number of challenges to organisations and countries. For example, IG has not yet been clearly defined and current proponents present the concepts as records management, information management, enterprise content management, privacy (data protection), freedom of information, corporate governance, information risk, information security and e-discovery, to mention just a few areas. At an organisational level, initiatives focus on one of these aspects, often conflicting with the other elements, and are initiated because of some immediate business challenge, such as the introduction of the Protection of Personal Information Act (data protection or privacy legislation) in South Africa. This is compounded by the fact that the country creates many fragmented policies and pieces of legislation on the same IG aspects which are conducted in a disjointed manner. This study aims to present an integrated IG framework at the country level, comprising key success factors, required instruments (policy and legislation), principles and a proposed list of elements or disciplines, which should be managed in a cohesive manner.

This study adopted the Information Governance Initiative’s pinwheel facets of IG to design an integrated framework of elevating IG to country level. The pinwheel helped to identify different facets of information disciplines and the responsible oversight mechanism for implementation in South Africa. The study relied on data obtained through content analysis of policy documents, legislative frameworks, and literature review regarding the identified facets of IG in South Africa.

The study established that only some aspects/domains/facets of IG are legislated and driven by policy in South Africa. These domains are at different levels of maturity and different stakeholder groups are responsible for each domain; for instance, the National Archives of South Africa is responsible for records management and the State Information Technology Agency is responsible for information technology, while the newly established Information Regulator is responsible for freedom of information and data privacy. There is generally no over-arching structure responsible for overall IG in South Africa as the elements are fragmented in various oversight mechanisms and institutions. As a result, domains compete for limited resources and often lead to “knee-jerk” responses to legislative, legal or risk drivers.

It is concluded that if IG is not regulated and modelled at a country level, it is highly unlikely to filter down to organisations. Implementing IG at country level will go a long way in helping to filter it down to an organisation level.

The study is useful by presenting a framework to ensure that IG is implemented at the country level with a single coordinating body established for oversight mechanisms such as the Information Regulator (which currently has a narrow scope of privacy and freedom of information, although with limited resources).

Accountability in personnel records management is to a large extent, dependent on the availability of personnel records, there has been very little recognition of the need to address the management of personnel records as evidence for accountability either in relation to Freedom of Information (FOI) or Open Data. It is in this regard, therefore, the purpose of this study is to investigate the legal frameworks for personnel records management in support of accountability. The study used a descriptive design which combined both qualitative and quantitative approaches where both qualitative and quantitative information was involved in the study. Founded on the records life cycle and the records continuum, the study aimed to fulfil its main objective: establishing legal frameworks for personnel records management at Garissa County Government (GCG). Purposive sampling was used to select 11 Human Resource Management Officers (HRMO), 11 Personnel Record Management Officers (PRMO) and 11 Personnel Records Management Clerks (PRMC) and 55 staff members who made the total sample of 88 respondents. Data collected were analysed using descriptive statistics with the help of a Statistical Package for Social Scientists (version 17) was used to perform the analysis of quantitative data and presented through frequency tables, percentages, means and standard deviations. Results indicated that the County Government does not have legal frameworks in personnel records management. Several challenges were identified including lack of personal records management policy, lack of integrity, lose of documents/file and poor communication system. Generally, the study shows that legal frameworks in personnel records management is very important in accountability, therefore, GCG management needs to take measure to improve legal frameworks in personnel records management infrastructure and develop personnel records management policy.

The study was conducted using a descriptive design. This design ensures that data collected are analysed and findings are reported to establish a better understanding of a physical or social phenomenon. The descriptive design combined both qualitative and quantitative approaches where both qualitative and quantitative information was involved in the study. The study was conducted at the County Government of Garissa’s Head Quarters; it targeted staff involved in personnel records management. Garissa town was selected because it is a centre of various activities in County Government of Garissa. The target population comprising HRMO, PRMO, PRMC and staff from different ministries who depended on the personnel records management activities. Purposive sampling was used to select 11 HRMO, 11 PRMO, 11 PRMC and 55 staff members who made the total sample of 88 respondents from the population. Questionnaire method was used to collect data from HRMO, PRMO, PRMC and staff members quickly and give more freedom (in terms of time and flexibility) to the respondents. Interviews were used to obtain more in-depth information from the PRMO, HRMO and PRMC being the individuals’ in-charge of personnel records were to provide information on legal frameworks for personnel records management at GCG.

Lack of a policy signifies a lack of accountability and awareness of the personnel records management standards, meaning that the staffs are not aware of their responsibilities towards the management of the County’s records. This is therefore likely to contribute significantly to poor performance (Mampe and Kalusopa, 2012). This then puts the County in a precarious position regarding personnel records due to lack of guidelines on classing and handling of personnel records. Lack of a policy also shows a lack of commitment in the area, purporting neglect, where responsibilities are not clearly assigned and remain unclear. Weak institutional capacity and the absence of, for example, comprehensive personnel records management policies have been cited as one of the main causes of archival (as well as records management) underdevelopment in Africa (Ngulube and Tafor 2006). From the reactions of the existence of a draft policy, the staff indicated that it covered among other things: a policy statement, scope, definition of terms, applicable legislation and procedures, mail management encompassing both incoming and outgoing mail, filing classification, retention and disposal, as well as a statement of responsibilities. The study revealed that: personnel records management in Kenya operates under the framework and guidance of the Kenya National Archives and Documentation Services – KNADS which is supported by the Public Archives and Documentation Services Act, Cap 19. Besides the Cap 19, of 1965 of the Laws of Kenya, there are also various legislations that support the management of records in Kenya including the Ministry of State for Public Service (MSPS) (DPM) Circular on personnel records reference number DPM. 12/6A Vol. I (71) of 12th March 2008, the Records Management Procedure Manual for the Public Service, May 2010, prepared by the MSPS in consultation with the KNADS to provide guidelines and procedures to be followed in the day to day management of records in the public service. It is meant to be used alongside existing laws and legislation governing records management in the service. The effective utilization of the manual as stated by the Ministry is to contribute towards the government’s quest to achieve good governance and accountability in the Public Service. Adherence to the Manual is also meant to streamline personnel records management practice leading to effectiveness and efficiency in service delivery and the Government Financial Regulations and Procedures, chapter 23, section 4:2–5 give guidelines on the retention period for financial records. The management of personnel records is guided by various legislations and circulars such as Public Archives and Documentation Service Act, (Cap.19, Laws of Kenya) revised 1991, The Employment Act Chapter 226, revised in 1977 and 2007, The Regulation of Wages and Conditions of Employment Act Chapter 229, Income Tax Act Chapter 470 revised 1989, The National Social Security Fund Act Chapter 258 revised 1989, The Service Commission Act Chapter 185 of 1967 and DPM.12/6A VOL. I (71) dated 12th March 2008 on the destruction of personnel records. Compliance to all the above legal frameworks will ensure that personnel records management in support of accountability at GCG is achieved.

The lack of effective personnel records management programme in a county agency was in itself non-conformity to the requirements and guidelines issued by the public services, thus leading to a lot of caution on how much could be revealed regarding the same. The focus of the study was on the assessment of paper-based and electronic personnel records management within the County Government. The assessment excluded other electronic records, such as online databases, with only personnel records being considered.

Nonexistence of personnel records management legal frameworks implies that the responsibilities for cooperate record management to GCG plans and guidelines of managing personnel records were inefficient. As a result of the absence of written personnel records management policy, there was also a lack of guidelines for appraisal, disposition and schedules of records. On legal frameworks for personnel records management at GCG, the findings revealed that there were many policies in GCG but personnel records management policy was missing which is very crucial. Record management policy will also enhance human resource management policy. The missing of the personnel records management policy reduces the accountability to people who deal with records management in general, increases lack of integrity and indicate that there is a presence of irrational decision.

The missing of the personnel records management policy reduce the accountability to people who deal with records management, in general, increases lack of integrity and indicate that there is a presence of irrational decision.

The purpose of the study was to investigate the management of personnel records in support of accountability in devolved governments: A case of GCG.

The purpose of this article is to explore the concept of information culture, and to demonstrate its utility when considering information management in organisations.

Case studies were conducted of organisations with similar functions, located in regions likely to have different cultural dimensions.

The findings show that different values and attitudes to information are influencing factors of the information culture in the organisations studied.

Knowledge and understanding of the features of information culture will assist with addressing the challenges of organisational information management in this globalised age.

This research adds to the body of knowledge about information culture, in particular national dimensions.

The aim of the paper is to consider the efficacy of requiring a public interest test to be satisfied before protection is afforded to workers who blow the whistle under Part IVA of the Employment Rights Act 1996 (ERA 1996).

Not all definitions of whistleblowing require there to be a public interest in the disclosure of information. To illustrate how the expression “public interest” has been used in this context, the common law defence to an action for breach of confidence is outlined. The paper then explains how the concept of “public interest whistleblowing” evolved in other jurisdictions. It also examines the jurisprudence of the European Court of Human Rights to see if it helps us to apply the public interest test. Finally, this test is considered in the context of UK legislation.

Several sources of uncertainty are identified. These include the fact that personal and public interest matters may be intertwined and that an organization may encourage the internal reporting of concerns about wrongdoing that do not have a public dimension to further its private interests. One obvious result of uncertainty is that those who are not legally required to report wrongdoing may choose not to do so and society may be denied important information; for example, about serious health and safety risks or financial scandals.

It is suggested that the public interest test should be removed from Part IVA ERA 1996. However, this test is likely to remain for a while, so nine recommendations about how it should be interpreted are made.

Parliament of Malawi passed the Access to Information (ATI) Bill in 2016 but was operationalised on 3 October 2020. The purpose of this study is to track progress in the implementation of the Act.

The study adopted the survey research design. Data were collected through a questionnaire adapted from the Carter Centre’s Access to Information Implementation Assessment Tool (2009–2021). The questionnaire, mounted on Kobotoolbox, was administered to heads of ministries, departments, agencies, constitutional bodies and parastatal organisations through email and the WhatsApp mobile application. Data collected was analysed through Kobotoolbox and SPSS Version 19 to generate descriptive and inferential statistics.

The study concluded that information holders in Malawi had performed fairly well in the implementation of the ATI Act over the past two years. This determination was made after noting progress registered in the appointment of information officers, setting up a functional record management function to aid operationalisation of the Act and that information holders were receiving and positively responding to requests for information.

To the best of the author’s knowledge, this is the first study undertaken in the country to determine progress in the implementation of the ATI Act from the time the Act was operationalised. Its findings would assist in shaping practical interventions to deal with challenges standing in the successful implementation of the Act. Additionally, the findings of the study could assist in policy formulation on matters related to implementation of the ATI Act.