Abstract:
The inclusion of access to information (ATI) in the Constitution of the Republic
of South Africa (Act No. 108 of 1996, hereafter the Constitution) and its
concomitant legislation, the Promotion of Access to Information Act (PAIA) (No.
2 of 2000), is aimed at promoting transparency, accountability and democratic
governance in the hitherto closed, authoritarian and apartheid society. The
Constitution goes further to entrench socio-economic rights (SERs) in order to
address the past injustices of ignorance, fear and want that impair the dignity of
the majority of South Africans. ATI is described as the ‘touchstone’ of all human
rights and upon which the other human rights, including SERs, are buttressed.
SERs are, supposedly, enforced by the courts of law. However, their justiciability
has become acrimonious and adversarial because it may include the courts
making orders that may have budgetary implications, which usually fall under
the purview of the executive-cum-legislation, thus undermining the separation of powers doctrine. The study suggests the concept of meaningful engagement
to break the impasse, arguing that the concept is more ‘user-friendly’ and
grounded in the Constitution and other statutory instrument and practices in the
governance of South Africa.
