The Right to Access Information Commission (RAIC) has fined the Corporate Affairs Commission (CAC) Eighty Thousand New Leones (NLe 80,000) for failing to respond to an information request made by Eleanor Thompson within the statutory deadline of 15 working days, as required by the Right to Access Information Act 2013 and the Right to Access Information Regulations 2022.
The fine follows a Freedom of Information (FOI) request submitted by Eleanor Thompson (Complainant/Requester) to the Chief Executive & Registrar/Director of the Corporate Affairs Commission/Directorate (Respondent/Public Authority) on 18th June 2024. The request sought, in accordance with Section 2(1) of the Right to Access Information Act 2013: Certified copies of all reports, resolutions, notices, audited financial statements, and any other documents filed with the Commission regarding the Sierra Leone Bar Association (SLBA) between 19th March 2023 and 28th May 2024, the date of the initial letter to the Respondent/Public Authority.
Evidence of an Annual General Meeting (AGM) of the SLBA, which the Commission/Directorate claims to have in its possession.
The RAIC Order noted that on 10th July 2024, the Complainant/Requester submitted an application for review to the RAIC under Section 43(a)(b)(c) of the Right to Access Information Act 2013, alleging that the Respondent/Public Authority had failed to reply to the original request. This application was accompanied by a copy of the way book, serving as proof of delivery.
In accordance with Section 45(1) of the Right to Access Information Act 2013, the RAIC, by letter dated 17th July 2024, wrote to the Corporate Affairs Commission, providing them with 7 days to respond to the application for review. However, the Respondent/Public Authority failed or refused to reply to the RAIC.
After reviewing the correspondence and considering Section 44 of the Right to Access Information Act 2013, the RAIC ruled that the Corporate Affairs Commission had not demonstrated compliance with its legal obligations under the Act. Specifically, the Commission found that the Corporate Affairs Commission failed to meet the requirements of Section 4 of the Right to Access Information Act 2013, leading to the imposition of the fine and the order to provide the requested information.
The RAIC has also informed the Corporate Affairs Commission of its right to appeal this decision under Section 46 of the Right to Access Information Act 2013.
For media inquiries, contact:
Amara Thoronka
Public Information & Communication Officer
Right to Access Information Commission (RAIC) National Secretariat
Mob: +232 88 283632 / +232 78 231949Email: amara.thoronka@raic.gov.sl
