This is the tenth report compiled by FXI’s researcher, Mr Ikle Hloka. The report covers the period 20 to 31 October 1997. This report was made possible with the financial assistance of the European Union Foundation for Human Rights in South Africa (EUFHR). Views expressed herein do not necessarily reflect the official position of the EUFHR in South Africa.
This report covers the latest effort by the government to implement
one of the COMTASK recommendation, namely, the setting up of a government
communication structure the Government Communication Information
Service (GCIS).
Government Communications
Background
The government is finally beginning to implement the recommendations
of the Task Group on Government Communications (COMTASK). This task group
was appointed by Deputy president Thabo Mbeki in 1994 to look at the state
of government communication. The task group was charged with four responsibilities,
namely: reviewing, defining, researching and making recommendations
on various aspects of government communications. The task group was asked
to review the following aspects: (i) The existing government communications
policy at national, provincial and local level,
(ii) The existing government communications structures and facilities
at national, provincial and local level,
(iii) The relationship between government communications functions
at national, provincial and local level, and
(iv) Ownership and control of the South African media and how it affected
government’s communication.
The task group was also mandated to define existing information delivery mechanisms. Most importantly the group was mandated to conduct research on government communications policies, functions and structures in other democracies, with special emphasis on developing countries. Lastly, the group was asked to make recommendations on all these aspects of its work.
One of the recommendations of the Task Group was that the existing structure responsible for government communication, namely the South African Communication Service (SACS), be restructured or overhauled or be replaced by a completely new structure to be called the Government Communication and Information Service (GCIS). This structure, the task group recommended should be accountable to the presidency.
Latest developments
The GCIS was to have three components looking specifically at media
liaison, a communication service agency and provincial liaison. The GCIS
was charged with the responsibility of opening up communication channels
between the government and the public. It was also charged with the responsibility
of providing mechanisms to make access to information easy.
Setting up of GCIS and the implementation of the Open Democracy Bill
The setting up of the GCIS must be seen as an important development
which should help in the implementation of the Open Democracy Bill. The
Bill has as its primary objective the granting of rights of access to information
held by the government. Once passed into law, the Bill will be implemented
primarily by government departments. The Human Rights Commission
(SAHRC) has been given the responsibility of assisting ordinary courts,
which are secondary mechanisms for implementation of the Bill. However
the funding for the SAHRC in implementing this law is not clearl. It may
be advisable for the office of the duputy president Thabo Mbeki, which
is responsible for the implementation of the COMTASK recommendations,
to start thinking seriously about the role of the GCIS in the implementation
of the Bill, particularly since the SAHRC acknowledged earlier this year
that it did not have sufficient funds. It is important that the ODB be
provided with sufficient infrastructure. It is therefore suggested here
that the new structure, GCIS, shoulder some of the responsibility on
the implementation of the Bill.
With the setting up of the GCIS it is important that the question of
accessibility to government information be raised. While some champions
of this new government communication dispensation acknowledge the importance
of this body meeting the information needs of "traditionally disadvantaged
sectors , such as people living in remote and rural areas, people who cannot
read or write, people with disability and others who are information-deprived",
there is still a need to clarify what role is this body will play in the
implementation of the ODB. This is one of the most daunting challenge facing
the new body.
Legislation infringing free flow of information
With this initial step in the implementation of the COMTASK recommendations,
hopes have been raised that important changes, such as the repeal or amendment
of laws infringing freedom of expression, as recommended in the COMTASK
report, may be effected. For example it was noted that there was a need
to create an environment which would enable the media to operate without
obstruction from the government. It was acknowledged at the time of the
writing of the recommendations that there were still "anachronistic"
laws in the statute books which obstruct free flow of information. It was
recommended that legal experts be approached to review all these laws.
It will be important for the government to deal with this problem because
it will be in line with the government’s objective of maximising transparency
and openness. There has been a call for some time now for the government
to review, amend or repeal these laws.
Despite these laws there were also other problems which were acknowledged
by COMTASK as affecting government’s communication such as low status
of communication, lack of clear policy on government communications, patterns
of ownership and control of media, relationships between government and
the media control, inadequate infrastructure for communication and poor
media professionalism. It would be very important to monitor developments
around the implementation of the COMTASK recommendations on the basis
of these constraints and observe how far the government has gone in terms
of addressing them.