Understanding the consequences for non-compliance with Access to Information Act

Rackel Shikongo

As the Communications Regulatory Authority of Namibia (CRAN), we

recognise the transformative power of the Access to Information Act of 2022 in strengthening democracy, accountability, and citizen engagement. 

With this law in effect, all public and private bodies are required to proactively enable access to information. 

However, compliance is not optional, it is a legal obligation with enforceable consequences.

At CRAN, we stress the importance of every information officer understanding the implications of non-compliance with the Access to Information Act. 

The penalties for violating its provisions are significant and are designed to reinforce the seriousness of ensuring the public’s right to know.

This article highlights the key penalties associated with non-compliance under the Access to Information Act and the importance of adhering to its provisions.

Unjustified refusal to accept access requests

Refusal to either receive or process an access to without a valid or lawful reason is considered a direct violation of the ACT. Such actions erode public trust and are punishable under the law.

Failure to respond within the prescribed timeframes

 The Act sets clear deadlines for responding to access requests. Failing to meet these timelines without an approved extension from the Information Commissioner is considered a breach of legal duty.

Non-Compliance with orders from the information commissioner:

Disregarding or failing to comply with lawful directives issued by the

Information Commissioner constitutes a punishable offence. The

authority of the Commissioner must be respected and upheld.

Frivolous or unjustified denials: As per the Act requests cannot be denied on trivial or unfounded grounds. Misusing terms such as “frivolous” or “distressing” to avoid compliance is against the spirit and letter intent of the Act and is punishable.

Provision of incorrect or misleading information

 Deliberate attempts to mislead or misinform, through false, incomplete, or distorted data are serious violations. Such actions not only incur penalties but also compromise institutional credibility.

Obstruction of lawful information release

 Once access to information has been granted, any attempt to hinder its release constitutes a serious violation. This includes actions that delay, conceal, or sabotage the delivery of the approved information.

Moreover, the Act prescribes administrative fines for information officers found guilty of any of the offences listed above. These fines range from a minimum of N$2,000 to a maximum of N$30,000, either as ruled by the Information Commissioner or a court of law. Notably, the fines are imposed daily for each day that non-compliance persists, underscoring the importance of timely action.

All information officers are urged to familiarise themselves with the provisions of the Access to Information Act and ensure unwavering compliance. Beyond avoiding financial penalties, adherence to the Act reflects a commitment to democratic values and good governance and by upholding these standards, we not only safeguard our organisations from legal and reputational risks but also contribute meaningfully to a culture of transparency, accountability, and

public trust.

Let us champion transparency through ensuring access to information,

because an informed citizen is an empowered citizen.

Rackel Shikongo is the Practitioner responsible for  Access to Information and Communication Communications Regulatory Authority of Namibia (CRAN)