The Portfolio Committee on Sport, Arts and Culture has welcomed the assurance that no entity or government department can hide behind the Protection of Personal Information Act (POPIA) when it comes to accountability before parliamentary committees.
On Thursday, the Information Regulator wrote to the Chairperson of the Portfolio Committee on Sport, Arts and Culture, citing its observations of the committee’s proceedings as reported on various media platforms. These proceedings included the South African Football Association’s (SAFA) appearance before the committee.
The Regulator noted the responses purportedly provided by SAFA in its capacity as a responsible party, in which SAFA relied on provisions contained in POPIA when responding to some of the committee’s questions.
The committee Chairperson, Mr Joe McGluwa, said an impression was created that the Portfolio Committee on Sports, Arts and Culture, and Parliament were violating privacy provisions. “The committee is not infringing or encroaching on personal information simply by asking for accountability. That narrative ends today, especially with SAFA,” he said.
The Information Regulator said that employees’ salary information, for example at SAFA, is the sort of information required for effective oversight, especially regarding expenditure, human resource compliance and accountability. The committee is therefore entitled to insist on full disclosure of the requested salary information in order to fully discharge its constitutional mandate.
SAFA refused to answer questions on a number of operational issues when it appeared before the committee in November. The POPIA was cited as the reason for this non-disclosure, despite committee members’ insistence on the matter during the question time.
The Regulator warned of a growing trend where organisations misuse POPIA to deflect scrutiny. Mr McGluwa said the statement reflected the committee’s experience in the meeting. “The committee acted lawfully, constitutionally and within its mandate, as further vindicated by the Information Regulator. We asked the right questions and demanded transparency.”
Mr McGluwa said the portfolio committee’s oversight is not optional and that accountability will not be negotiable. “No organisation, public or private, is above Parliament’s constitutional authority. We will continue to do our work without fear, favour or apology,” stressed Mr McGluwa.
