Minister of information and communication technology Emma Theofelus halted the recruitment of an information commissioner last week over what she described as insufficient stakeholder consultations.
In a letter to the National Assembly secretary, dated 27 February, Theofelus requests that the process of recruiting a new commissioner be halted until further notice.
“It has come to my attention from various stakeholders in the public sector and among civil organisations that there were no extensive consultations on the process in operationalising the Access to Information Act,” Theofelus says in her letter.
She says the process will not continue until those stakeholder consultations have been conducted.
The announcement of the pause was made last Tuesday, three days before the closing date.
Theofelus has not responded to repeated requests for comment.
Institute for Public Policy Research associate Frederico Links says the appointments are key to making the law operational.
“The appointment of an information commissioner and deputy information commissioner is important because it is these individuals who will be responsible for the implementation of the Access to Information Act framework,” Links says.
Speaking to The Namibian last week, he said the continued delay hinders Namibians’ legal right to access information.
“At least the process hasn’t been cancelled.
Hopefully it will not be an extended halt,” he said.
Links said funds have already been allocated in the 2026/2027 national budget to establish the information commission, which suggests the current pause may only be temporary.
He also urged authorities to communicate more openly about challenges affecting the implementation of the law.
“I do want to encourage the relevant government authorities to be open and proactive, in the spirit of the access to information law, in communicating around matters that might stall the implementation of the framework,” he said.
The Access to Information Act was widely welcomed when it was passed as a milestone for open governance in Namibia. However, until the oversight body is established and operational, its practical impact remains limited.
The Independent Patriots for Change (IPC) shadow minister of information and communication technology, John Louw, has expressed concern over continued delays in appointing an information commissioner, saying the prolonged process is stalling the full implementation of the Access to Information Act.
“Without an information commissioner, the act cannot be practised freely and the public has no avenue to enforce accountability when institutions fail to comply,” Louw told The Namibian last week.
The IPC questions the government’s commitment to transparency, noting that while leaders frequently speak out against corruption, mechanisms designed to improve openness remain inactive.
“It prompts the question: if transparency and accountability are key values, why is this process continuously delayed?” Louw asked.
Journalism lecturer Hugh Ellis-Mwiya told The Namibian that there is a pattern in Namibia of bills being passed but only implemented many years later, and sometimes not at all.
He adds that there were likely many stakeholders within the government who would be affected by the act.
“The act overhauls the whole government’s relationship to information that it holds on behalf of the citizenry – either because we’ve given them the information or it has to do with us in terms of how we’re governed.
One would imagine there would be various stakeholders, especially within the government, to consult,” he says.
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