The Human Right to Information and Transparency

One way to explore the place of the right to information in international law is to start by noting its understanding in a globally significant national jurisdiction, that of South Africa.Indeed, the inauguration of the right of access to information in the South African legal system itself took place at the intersection of international and national law.In its Certification case, the Constitutional Court of South Africa examined the position of the right of access to information and noted that "freedom of information [was] not a 'universally accepted fundamental human right', but is directed at promoting good government."This was significant for this judicial decision on the validity of South Africa's new constitution, because the right was suspended for three years and "[h]ad freedom of information indeed been a fundamental human right or one of the basic structural requirements for the new dispensation, its suspension would have been inconsistent with the character of the state envisaged by the drafters." 1 More than ten years later, in Brummer v Minister for Social Development and Others 2 , the Constitutional Court of South Africa further explicated its understanding of the importance of the right of access to information: "The importance of this right ... in a country which is founded on values of accountability, responsiveness and openness, cannot be gainsaid.To give effect to these founding values, the public must have access to information held by the State.Indeed, one of the basic values and principles governing public administration is transparency.And the Constitution demands that transparency 'must be fostered by providing the public with timely, accessible and accurate information'.Apart from this, access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights.For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas ... Access to information is crucial to accurate reporting and thus to imparting accurate information to the public."As is clear from this passage, the judges of the Constitutional Court view and analyze the right to information within a framework of values that 1 In re: Certification of the Constitutional of the Republic of South Africa 1996 (4) SA 744 (CC) para 85; Ex parte Chairperson of the Constitutional Assembly: In re Certification of the

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