You report that the Democratic Alliance (DA) has threatened to take Correctional Services Minister Ngconde Balfour to court in an attempt to get him to release the parole conditions of former African National Congress chief whip Tony Yengeni, using the Promotion of Access to Information Act, DA demands parole details (April 16).

There are competing rights in relation to parole records being released. Obviously, we are all interested in parole being competently and appropriately granted. However, even prisoners and ex-prisoners have rights. The right to privacy is one of the rights most obviously limited in jail, and that’s fine. But in the discussion about parole, the person’s health is discussed, their age, how they have coped with prison, etc. Should that all be in the public domain?

The act says the correctional services department has to refuse a request for information if that disclosure would involve the unreasonable disclosure of personal information about a third party. Personal information as defined includes the criminal history of the individual. So probably they shouldn’t disclose that information, unless it shows a substantial contravention of the law, for which the act also makes provision.

Will the parole conditions of Tony Yengeni disclose evidence of a substantial contravention of the law? If they are disclosed, will personal information he is entitled to keep private be disclosed?

If the DA is serious about taking this one all the way, it will cost the party and the department tens of thousands of rands in fees, and the judge’s order will be available in maybe 18 months’ time. This to establish something that a neutral arbiter could decide in about 10 minutes of looking at the file. So why do we not have an ombudsman or someone who could make that call? Well, almost everyone thinks it’s a good idea, except the justice department.

Alison Tilley
CEO, Open Democracy Advice Centre

With acknowledgements to Alison Tilley and Business Day.