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This research titled The Right to Access Government Information in Tanzania: Assessing Law and Practice was undertaken so as to find out whether the current legal regime governing the right of access to government information is adequate to accommodate and satisfy the interest of the citizens in ensuring the constitution, human rights and democracy are clearly protected.
This research was based on accessing approach whereas both primary and secondary methods of data collection were used by the researcher in the cause of conducting this study. For the primary method of data collection the researcher employed an interview while for secondary method of data collection the researcher employed documentary review for the purpose of getting relevant Information to the study, whereby the researcher used Legislations, case laws, human right reports, books, dissertations, journal articles and other related materials.
The researcher employed sample size of 31 respondents who were cooperative in interview conducted. Whereas 10 magistrates from district and primary courts within Temeke, Kinondoni and Ilala municipals, 7advocates, 4 legal officer who are expertise in human right from commission for human right and good governance office, 10 legal practitioners who expertise in human rights from Legal and Human Rights Centre. All these respondents were interviewed by the researcher and relevant information to this study was acquired.
The finding of this study revealed that the law is not effectively to guarantee absolute right of access to government information which is for public use. It was discovered that the law is inadequate in protecting right to access government information since it imposes number of barriers as to access to government information such exemption that with holding the information by the information holder, giving the information holder to refuse to grant information requested basing on his opinion, the power to impose fee by the information from a person rested the same is discriminatory, again the mechanism proved by the law to be followed by the aggrieved person with the decision of information holder that to file review to the head of the institution again to the minister seems to defeat the dispensation of justice, finally the powers vested to the minister in controlling the medias that to prohibit importation of information and prohibit or sanction for the media based on his opinion seems to be excessive since medias are the sources of information.
It is on the basis that it has been concluded and recommended that the government need to take legislative measures to cover the loophole by making selection of provisions which causes obstacles on the right of access to government information as observed by the findings of this study. |
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