ACCESS TO INFORMATION BILL PASSED – NOT ALL THAT GLITTERS IS GOLD
BY KELLYS KAUNDA
The Bill of Rights was incorporated in the US constitution to check possible government excesses. It has evolved and universally accepted as a device in the hands of the public to moderate the privileges and discretionary powers of those entrusted with public offices.
Unfortunately, in most constitutional democracies, the privilege of originating legislation lies with government. The latter tends to formulate laws from its perspective. This perspective is normally based on the notion of a stronger state and a weaker civil society. Consequently, popular laws are passed that, on face value, have met public expectations and international standards.
However, when they are put to test, they are found wanting in very fundamental ways leaving many wondering what has become of all the struggles, the waiting, the effort, and the expectations that were associated with the process! Because this experience has been repeated across the world, it’s strongly advisable for Members of Parliament, especially those in the opposition, civil society, and the media to play the devil’s advocate before any law is passed.
Once the law is passed, it becomes extremely hard to make amendments in the event that reality confirms the fears that may have been expressed in the debate stage of the bill. When the public is engaging with government, it is healthy and strongly advised to assume a critical and even a skeptical posture. Never ever take anything for granted or anything on face value. Not all that glitters is gold.
Remember the mantra that freedom is never given, it’s taken. Government will never give you rights, you will have to take them. If any government appears eager to give its citizens rights or speaks in human rights terms and tones when promoting a given piece of legislation, read between the lines. It won’t belong before you realize that that your dream is, once again, deferred. You will be left wishing you had been a little more careful, a little more engaged.
Be that as it may, I acknowledge the momentous nature of passing the long-awaited Access to Information Bill into law. I only regret the fact that while such an important bill was under discussion, the general atmosphere in the country has been characterized by political shenanigans or ‘mingalato’ that have overshadowed everything else and most unfortunately dampened the public’s desire for active participation in the debate around the issue.
As a country, we have been glued to the mingalato with such intensity, we have been robbed of every mental resource that should have been applied to opportunities to participate in the ATI debate thus contributing to the improvement of our democratic space. Instead of celebrating what, ordinarily, would have been a momentous occasion, we are dazed and politically weak because of excessive exposure to the relentless political assaults that continue to characterize the Zambian political space lately.