There is no security threat in wanting to know the truth; The Mosu report

Owen Nsala | Wednesday March 22, 2017 16:01

On the one hand is the media pushing a public information agenda and on the other the state defending from privacy of the President and security breaches corner.

Those on the investigative side of the media allege that there are reports, unsubstantiated as they come, that the President’s residence is being built on public coffers. The journalists contend that they want to find out on the truth or otherwise of the said allegations.

Unlike in South Africa, and other progressive countries, we do not have an office that is similar to that of the Public Protector. Ours is an office of the Ombudsman whose powers are overly limited. The closest investigative tool and one with a constitutional mandate is the media. Media freedom is thus one of the most invaluable constitutional gifts to our nation in the fight against corruption, unlawful enrichment, prejudice and impropriety in state affairs and for the betterment of good governance. 

The tentacles of poverty run far, wide and deep in our nation.  Litigation is prohibitively expensive and therefore not an easily exercisable constitutional option for an average citizen. For this reason, the fathers and mothers of our Constitution conceived of a way to give even to the poor and marginalised a voice, and teeth that would bite corruption and abuse excruciatingly.  And that is the freedom of the media.  The media remains the embodiment of a biblical David, that the public is, who fights the most powerful and very well resourced Goliath, hat impropriety and corruption by Government officials are.  The media is one of the true crusaders and champions of anti-corruption and clean governance.

The state must not try to be overly secretive or come across as an intimidator to the media when the quest for the truth is brought to its doorstep. In a democratic society, the media play a role of undeniable importance. They bear an obligation to provide citizens both with information and a platform for the exchange of ideas.

As primary agents of the dissemination of information and ideas, they are, inevitably, an extremely powerful institution and they have a constitutional duty to act with vigour, courage, integrity and responsibility.

The right to freedom of expression is not one for the benefit of the media but rather for the benefit of all citizens.

It is important to bear in mind that the constitutional promise of a free press is not one made for the protection of the special interests of the press. The Constitutional promise is rather made to serve the interest that all citizens have in the free flow of information which is possible only if there is free press. To abridge the freedom of the press is to abridge the rights of all citizens and not merely the rights of the press itself.

In the execution of its investigative and reporting powers, the media must not to be inhibited, undermined or sabotaged.  Our constitutional democracy can only be truly strengthened when: there is zero-tolerance for the culture of impunity; the prospects of good governance are duly enhanced by enforced accountability; the observance of the rule of law; and respect for every aspect of our Constitution as the supreme law of the Republic are real. 

The media investigative powers are not supposed to bow down to anybody, not even at the door of the highest chambers of raw state power.  The predicament though is that mere allegations and investigation of improper or corrupt conduct against all, especially powerful public office-bearers, are generally bound to attract a very unfriendly response.  An unfavourable finding of unethical or corrupt conduct, will probably be strongly resisted in an attempt to repair or soften the inescapable reputational damage. 

There is manifest and profound interest in ascertaining, as a matter of increasing urgency, the true extent of public expenditure on the upgrades to the Mosu residence, if any, and whether such expenditure has been undertaken in accordance with the applicable provisions of the Constitution and public procurement laws.

The disclosure of such records is essential to ensure respect for the founding values of government openness, responsiveness and accountability as well as to vindicate the constitutional rights of freedom of expression and access of information.