Draft
K.B.R./N.S.D.
17.09.2010
Bill No.
of 2010
FREEDOM OF INFORMATION BILL, 2010
(Published on
, 2010)
MEMORANDUM
1.
A draft of the above Bill, which it is intended to present to the National Assembly, is
set out below.
2.
On 8th July, 2010, the National Assembly resolved, in terms of Standing Order 60(2),
to allow Honourable Dumelang Saleshando, Member of Parliament for Gaborone Central, to
bring before Parliament, a Private Member’s Bill allowing for the enactment of a Freedom of
Information Act.
3.
The object of the Bill is to extend the right of members of the public to access
information in the possession of public authorities by, inter alia (a)
making available to the public, information about the operations of public
authorities and, in particular, ensuring that the rules and practices affecting
members of the public in their dealings with public authorities are readily
available to persons affected by those rules and practices;
(b)
creating a general right of access to information in documentary form in the
possession of public authorities, limited only by the exceptions and
exemptions necessary for the protection of essential public interests and the
private and business affairs of persons in respect of whom information is
collected and held by public authorities; and
(c)
creating a right to bring about the amendment of records containing personal
information that is incomplete, incorrect, misleading or not relevant to the
purpose for which the document is held.
4.
Part II of the Bill provides for the right of access to information, including the general
right of access to an official document, (clause 5), where such access shall not be obtained,
(clause 6), how one is to make a request for access, (clause 9), and the methods of access,
(clause 15).
5.
Part III of the Bill provides for the publication of certain documents and information
by public authorities, including the requirement that certain documents are to be made
available by public authorities for inspection and purchase, (clause 22), and statements are to
be published by public authorities in relation to the possession of certain documents,
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