Open data is a fascinating concept because it relates to a fundamental right in our Constitution: the right to access to information. In South Africa, the right to access to information is broader than in most countries, as it provides for access to information held by the State and any other person. This article focuses on how open data gives effect to this right in the public sector, particularly with the State.

Promotion of Access to Information Act (PAIA)

In South Africa, the law that gives effect to the constitutional right to access to information is the Promotion of Access to Information Act or PAIA. PAIA allows you to request access to the records of public bodies (including the government). This right is subject to specific procedural requirements, and if no grounds to refuse access apply. For requests for access to information held by public bodies, you do not need to demonstrate a right you want to exercise or protect to get access. This ties into the principle that information, particularly information held by public bodies, should be open, transparent, and accessible. By making data open, public bodies adhere to these principles.

What is open data?

The Open Definition defines it as ‘data that can be freely used, modified, and shared by anyone for any purpose’. The key is:

  • its accessibility,
  • the fact that you can do anything with the data, and
  • anyone can use it.

There are some minor restrictions. For example, even though the data is open, you may be required to attribute contributors, rights holders, sponsors, and creators.

Why is it useful?

Open data is helpful because you can make informed decisions when you have access to a broad range of information. Many governments, including the South African government, have open data initiatives. For example, suppose there is an open database about various aspects of an area, such as the number of parks, types of structures, roads etc. Prospective business owners can use that information to know where to place their business based on that data. Since the data is accessible to everyone, anyone can use that information to make decisions.

How does open data work in the South African public sector?

It is something the South African government has worked on for many years. The National Integrated ICT Policy White Paper, published in 2016, is South Africa’s policy on information, communication and technology (ICT). One of its key objectives is to provide the framework for implementing the South African government’s commitment to open governance and open data. Open data links to ‘open government’ or ‘open governance’. This concept allows citizens to do many things, including the right to access government documents. Accessing this kind of information allows for effective public oversight by citizens and ensures that the government is accountable for its decisions. The White Paper emphasises the importance of open data and government. It also outlines the key objectives to achieve them. A vital goal of the SA government in this regard is to develop a clear Open Government Data Action Plan and Manual, with input from all relevant stakeholders.

More recently, in mid-2021, the South African government published the draft National Data and Cloud Policy for public comment. Once again, this draft policy emphasised the importance of open data and identified the development of a National Open Data Strategy as a critical policy intervention.

South Africa as a whole

The South African government has taken steps to realise its goals. South Africa is a member of the Open Government partnership. Its goal is to transform how governments serve their citizens and promote transparent and inclusive governance, among other things. As a member, South Africa has made specific commitments, and it has submitted an Action Plan 2020 – 2022 to meet its open data commitments. South Africa’s three commitments are:

  • open data;
  • fiscal transparency and open contracting;
  • beneficial ownership transparency.

Many existing initiatives work towards achieving these commitments.

Examples of open data initiatives

Open Gazettes South Africa allows users to access government gazettes for free. It is the most extensive available collection of gazettes in South Africa. Access to government gazettes enables citizens to know the latest legislation changes and other related legal notices. Open Gazettes allow citizens to access laws and understand how they affect them.

The COVID 19 ZA South Africa Dashboard provides essential information on the effect of the coronavirus on South Africa. Recent initiatives include a large-scale project to clean COVID-19-related health data.

The Parliamentary Monitoring Group (PMG) provides access to the workings of Parliament.

Provincial initiatives

Several provinces have launched initiatives, such as the City of Cape Town Open Data Portal, allowing users to access various datasets on Cape Town, such as land administration, health, demography and statistics. The City created the Portal in line with the City’s Open Data Policy.

The eThekwini Municipality recently launched its EDGE Portal. The key objective of the Portal is to provide economic insights to key stakeholders. These portals emphasise that all spheres of government need to work together to make open data a reality.

Key insights

Open data is crucial for a functioning democracy. It requires the cooperation of citizens and various public and private stakeholders to make it effective. South Africa has grappled with how to implement this on a national scale. Still, it is slowly working towards achieving its commitments and, by doing so, giving effect to the constitutionally recognised right to access to information.

Actions you can take