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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Open democracy: has the window of opportunity closed?
Author:White, Justine
Year:1998
Periodical:South African Journal on Human Rights
Volume:14
Issue:1
Pages:65-76
Language:English
Geographic term:South Africa
Subjects:political systems
rule of law
External link:https://doi.org/10.1080/02587203.1998.11834969
Abstract:This article, which is a tribute to the South African legal scholar Etienne Mureinik (1954-1996), sketches Mureinik's role in the formulation of South Africa's Open Democracy Bill, which was published for comment in the Government Gazette in late October 1997. In addition, the article critically examines the changes in the Cabinet version of the Draft Bill. In particular, it analyses the provisions of the 1996 Draft Bill that performed the work of four separate pieces of legislation, namely, a Freedom of Information Act, a Privacy Act, an Open Meetings Act, and a Whistleblower Protection Act. It concludes that the Bill in its current form will be more palatable to Government than the 1996 Draft. It is clearly a watered-down, apologetic and limping version of what was proposed before. In many places it compromises on issues of principle allowing government to avoid putting into practice its supposed commitment to participatory government and development. The author concludes that the window of opportunity is still open, but that the Parliamentary process of enacting the Open Democracy Bill is the last shot at getting the Open Democracy Act right. Notes, ref.
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