Theofelus Should Explain Her Actions

A Decision By information minister Emma Theofelus to abruptly stop the recruitment of a government information commissioner raises serious questions.

The Access to Information Act, passed in 2022, gives every Namibian the right to request information held by public institutions and, in some cases, by private entities.

But the process of implementing the law has become stuck at the recruitment of an information commissioner.

It requires a committee to nominate candidates, the National Assembly to approve a candidate and the president to make the final appointment.
That structure was crafted to protect the office from political influence.

Three weeks ago, the parliament advertised the positions of information commissioner and deputy information commissioner, whose role will be to enforce the law.

The advert sparked concern over the remuneration for the information commissioner – around N$1.4 million a year, or N$120 000 a month. It also includes perks like a Mercedes-Benz E400 or BMW 528i, or an equivalent model.

The law requires that the commissioner’s salary be comparable to that of the leadership of the Anti-Corruption Commission – reflecting the office’s senior oversight role.

However, before these concerns could be addressed, Theofelus halted the recruitment process without providing a reason.

The minister owes the public a clear explanation on whether the request aligns with the structure of the Access to Information Act, when recruitment will resume and with what timeline.

She should explain if she consulted with the selection committee, including civil society, on what the issues are instead of making what appears to be a unilateral decision.

For years, there has been a misconception that the Access to Information Act is solely for journalists. While the media is a key beneficiary, the act’s mandate goes well beyond that.

Even in business, access to information is crucial. For instance, some businesspeople always know about opportunities before they are publicly advertised – tenders, land allocations or quotas, for example.

They have the advantage of knowing the requirements, the key documents and, in some cases, the decision-makers themselves.

It’s not as if these businesspeople are smarter than anyone else. What they often have is early access to information that should be available to every Namibian.

This is why a law that guarantees every Namibian the right to request and receive relevant government information needs to be implemented without delay.

People with access to information are likely to have a head start over those who don’t.

If rural communities know their councils have budgeted for a service which is not delivered, they can ask the right questions and hold them accountable.

The NMT Media Foundation, with partners in the Action Namibia civil society coalition, have taken the initiative to push for this law and to work with the ministry to make it a reality.

We urge the minister to explain why the recruitment process has been halted. The public deserves an explanation.

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