Scope of Public Accountability

 ‘Public Accountability’ is a facet of administrative efficiency. Publicity of information serves as an instrument for the oversight of citizens.  By the same token it suggests that law could become a means for fighting corruption. Therefore, a Government which produces a trustworthy flow of information creates greater certainty and transparency. This is especially appreciated by those who intend to invest in the Country. International experience shows that countries that allow citizens access to public information have seen a reduction in indicators of corruption and, consequently, substantial increases in administrative efficiency.

‘Public Accountability’ is a part of governance. It is the Government that is accountable to the public for delivering a broad set of outcomes but more importantly it is the public service consisting of public servants that constitutes the delivery mechanism. Therefore, the accountability and governance arrangements between Government which acts as the principal and the public service which is its agent, impact on the Government’s ability to deliver and on its accountability to the public.   The challenge lies in ensuring that the public service is geared to meet the expectations of the Government of the day and that public service is neutral, whichever party is in power. When a Government department translates a Government’s policy into programmes, the success of that translation is very much dependent on a clear understanding of and commitment to the outcomes that are sought.  It is not surprising that the history of accountability and governance within the public service has shifted from measuring “inputs” to measuring “outputs”, to matching outputs, and identify outcomes. The key which weakens accountability or the effectiveness of the Government or the public sector is the lack of information.[7]

Need for a Culture of Openness

Countries which have introduced laws relating to freedom of information are seeking to replace a “culture of secrecy” that prevails within their public service with a “culture of openness”. These new information laws are intended to promote accountability and transparency in Government by making the process of government decision-making more open. Although some records may legitimately be exempt from disclosure, exemptions should be allowed narrowly inasmuch as disclosure is the rule rather than the exception.

synergy between the act and existing mechanisms

No doubt, at the moment, we have the media, we have the reports of the Comptroller and Auditor General and we have the Opposition in the legislature and the Judiciary and Public Interest Litigation, which can seek and publish information. They are important organs that check the government. They are all concerned with obtaining information from Government. But the new Act proposes to empower the citizen directly with a right to information to make the State and the public sector more accountable. The provisions of the new Act will also benefit the aforementioned functionaries.

The private sector, by definition is not publicly accountable, but so far as the Government and public sector are concerned, they are publicly accountable. The transition from ‘government’ to ‘governance’ defuses the responsibility and hence the need for public accountability.

One of the methods of measuring public accountability is to evolve a cost benefit analysis of the actions of Government and also of the public sector.  An important mechanism to conduct such cost benefit analysis is a mechanism which can compel the Government and the public sector to reveal facts to the public.   Without information, there cannot be a test of “value for money”.

The right to information is necessary to promote a culture of accountability and to expose corruption and malpractice. Accessibility of information and release of facts pertaining to finance, proceedings and decisions of all the social actors whose activities have an impact on the public, is the guarantee that such actors will be accountable and will fulfill their mandates. Accountability targets mismanagement, abuse of discretion, bribery, other forms of corruption and malpractices.   Sometimes media reveals a fraud and describes it as a tip of the iceberg.  Therefore, more facts are necessary to discover the whole picture of the fraud, and it is only when all the information is revealed that the total damage to public monies can be evaluated and the persons made accountable.