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 Periodical article |
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| Title: | Going quietly about their business: access to corporate information and the Open Democracy Bill |
| Author: | Pimstone, Gideon |
| Year: | 1999 |
| Periodical: | South African Journal on Human Rights |
| Volume: | 15 |
| Issue: | 1 |
| Pages: | 2-24 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | rule of law information access to information |
| External link: | https://doi.org/10.1080/02587203.1999.11834997 |
| Abstract: | Section 32 of the 1996 Constitution of South Africa provides a right to State information and a right to privately-held information contingent on a preexisting right. In terms of s 32(2), national legislation must be enacted to give effect to the totality of these rights. However, the Open Democracy Bill of 1998 currently before Parliament fails to incorporate a right to privately-held information bar a right to personal information held privately in the form of a personal information bank. This is clearly insufficient to satisfy the constitutional mandate. Of four possible mechanisms of incorporating the right to privately-held information in the Open Democracy Bill - by definitional alteration, through a generic clause, via detailed drafting, or through a separate outline clause - the last mode, termed the 'synthesis' model, is the only workable mechanism. This approach suggests the insertion into the Open Democracy Bill of a separate clause containing a generic statement of the right, an elaboration of the meaning of 'preexisting right' on which a claim to privately-held information is founded, a broad test to assess information claims, and a statement of judicial primacy in rights' determination. Notes, ref., sum. |
