<incom> South African CS Petitions Gov't re F/OSS Policy

Soenke Zehle s.zehle at kein.org
Wed Aug 30 17:59:27 CEST 2006


[via Idlelo2]

From: Ashraf Patel <AshrafP at osisa.org>

Dear all,

I hope you are well. I would like to inform you about a civil society 
petition on open source that Alan Levin of the Internet Society and I 
have prepared. The aim is to generate civil society support to petition 
the Minister of Public Services and Administration to adopt an open 
source policy and honour the government's commitments to the Declaration 
unanimously adopted at the Go Open Source Conference in August 2005.

Refer to the enclosed message or visit -
http://www.sangonet.org.za/url/46i - for more information about the
petition.

Please be so kind as to endorse this document and/or inform others about
this process.

Your support would be much appreciated.

Best wishes

David

South African Civil Society Petition to Government on Free and Open
Source Software and Open Content (FOSS/OC)

Call for Endorsements

Deadline: Friday, 22 September 2006

<http://www.sangonet.org.za>

-----------------------------------------------

ICT procurement by government accounts for more than 50% of the ICT
market in South Africa and significantly influences the types of ICT
systems being supplied and supported in the country. With government
spending approximately R3 billion per annum on a single proprietary
software vendor, the dominant position of proprietary software in the
South African ICT market remains entrenched.

Various government, private sector and civil society stakeholders
unanimously adopted a declaration in support of a National Open Source
Strategy at the end of the Go Open Source Conference held from 22-23
August 2005 in Johannesburg. The Declaration recommended that the
National Cabinet formally adopt a policy on free and open source
software and open content (FOSS/OC).

A year has passed since the Declaration was adopted and very little
progress has been made in meeting the commitments emanating from the
conference. A change in Government behaviour, policy and practice is a
prerequisite for the benefits of FOSS/OC to be realised across society.
Government intervention is needed to enable FOSS/OC to become more
readily available and to compete equally with proprietary software.

SANGONeT and the Internet Society of South Africa support a change in
Government policy that will give meaning to the National Open Source
Strategy and result in increased support and application of FOSS/OC in
government. Accordingly, we have drafted a petition for endorsement by
South African civil society organisations.

This civil society petition calls on the Minister of Public Services and
Administration to adopt an open source policy and honour the
government's commitments to the Declaration.

The petition is available on the SANGONeT NGO Portal -
http://www.sangonet.org.za/url/46i

We hereby appeal to South African civil society organisations to review
the petition and submit endorsements to SANGONeT by Friday, 22 September
2006.

Endorsements should be sent to - info at sangonet.org.za

Civil Society Petition to Government on Free and Open Source Software 
and Open Content

The Hon Ms. Geraldine Fraser-Moleketi

Minister for Public Service & Administration

August 30, 2006

Dear Minister,

Re: Civil Society Petition to Government on Free and Open Source 
Software and Open Content

1. Introduction

We, South African civil society1, petition you and our Government to 
adopt Free and Open Source software and open content wherever possible.

As a developing country, South Africa, along with all the countries on 
the African continent, needs you and our Government to act as agents of 
positive change in our society and trigger shifts in the information and 
communications technology market dynamics, in order to favour the supply 
of local ICT content, support, skills and service providers, and to 
reduce our longstanding dependence on imports and the negative effects 
created by this dependence.

We recognise that similar goals are set out in the black economic 
empowerment policies and charters adopted by Government and others. 
However we note here that those mechanisms are insufficient when it 
comes to the issue of software, other ICTs and content procurement, and 
therefore make this appeal to you to take a stronger, direct leadership 
role to the benefit of all.
2. Background

Our representatives attended the multi-lateral Go Open Source conference 
from 22-23 August 2005 and participated in the formulation and unanimous 
adoption of the conference declaration2, which recommends that National 
Cabinet adopt the proposed policy on free and open source software and 
open content (FOSS/OC). At the conference we declared our common desire 
and commitment to the strategic use of information and communications 
technologies, in order to further socio-economic development and 
affirmed the central place that FOSS/OC have in realising this goal.

Further, we recognised that FOSS/OC include both technological and 
environmental elements that are characterised by accessibility, 
collaboration, interoperability, open standards, transparency, 
customisability, contribution, and open licensing and that FOSS/OC 
involve those who use, modify, enhance and create such technology and 
content.

We also recognised that the South African national strategic objectives 
for socio-economic development are to improve competitiveness, support 
local innovation and investment, broaden BEE participation in the 
economy, build a better world, improve the reach and efficiency of 
government service delivery and in so doing, reduce poverty and redress 
imbalances of the past.

We again affirm that FOSS/OC help achieve these objectives by 
contributing to socio-economic development nationally, regionally and 
internationally in significant ways that other technologies and forms of 
content do not.

We again conclude that it is strongly in the interest of all spheres of 
Government to adopt, support, develop and promote the use of FOSS/OC and 
its underlying principles.
3. To regulate the market forces

The demands of civil society on the supply of ICTs represent only a tiny 
portion of the ICT market (<0.5%), whereas Government demands represent 
the majority of the market (>50%). So whilst civil society supports the 
principles of FOSS/OC we are faced with vast practical challenges 
relating to market forces. These challenges include the basic act of 
obtaining FOSS/OC, as well as the resource requirements to use it. Our 
issues range from the procurement of hardware, to access, support and 
migration services. As long as government and the private sector 
primarily use proprietary software, there will be a barrier for civil 
society to procure hardware with FOSS pre-installed as well as all the 
required support and migration services required for greater FOSS/OC 
adoption.

Since we recognise that business (the private sector) does not have a 
consensus on the issue of FOSS/OC, and that the voices of large 
multi-national organisations are louder than SMMEs, business may be 
considered as supportive of proprietary software, which is the current 
status quo. As you well know, this present position conflicts with the 
principles of broad-based black economic empowerment, and it perpetuates 
the national fiscal deficit from software imports.

Considering these negative consequences and the strong forces within the 
private sector to maintain the status quo and thereby perpetuate the 
hegemony of proprietary software, we have decided to petition Government 
to formally adopt the policy as per the conference declaration.
4. Sponsored proprietary software and systems

As part of a strategic response to our concerns and wishes within civil 
society, multi-national proprietary ICT vendors are organising 
themselves to provide their software to civil society on a sponsored 
basis. We recognise that this is a way to keep us locked in to the 
status quo and dependent upon proprietary software, and to slow down 
broader adoption of FOSS/OC.

However, the availability of sponsored proprietary software does place 
us in a very difficult position. By alleviating the issue of cost in the 
short term, we are made to face committing our resources to a battle 
over ICTs based on principle, which is a battle that many 
under-resourced NGOs and other members of civil society cannot afford. 
ICTs are important tools for us, but a protracted battle over tools only 
distracts our organisations from our core missions to serve as part of 
civil society. Although we wish to set an example and adopt more FOSS/OC 
because of the principles we mention above, by keeping it difficult and 
costly to change from our current dependence on imported proprietary 
software, sponsored proprietary software increases the barriers to 
FOSS/OC adoption.

As such we appeal to you and our Government to assist us by making the 
required changes in the market dynamics in order to ensure that FOSS/OC 
can compete in our markets on a more level playing field. In this way, 
any goodwill from proprietary software vendors can be appreciated as an 
honest contribution to the welfare of civil society, and not perceived 
as a cynical ploy to undermine our efforts to alter the dynamics of a 
market they dominate almost completely. At present, this mistrust sadly 
harms what should be a positive collaborative relationship.

In conclusion, FOSS/OC support the developmental goals of our nation and 
help strengthen civil society. However, the status quo within the ICT 
marketplace prohibits broader adoption of FOSS/OC and thereby limits the 
benefits. Proprietary software has an important and positive role to 
play in the future of all nations, but because of its complete dominance 
of markets, the major ICT multi-nationals need do nothing to keep 
FOSS/OC marginalized and they have disincentives to act against their 
own financial interest. The conclusion reached by civil society is that 
Government must intervene.

We thereby call upon you and Government to act as positive agents of 
change to shift the dynamics of the ICT marketplace, enabling FOSS/OC to 
flourish, and begin to deliver its benefits to all.
5. Civil society organisations which support this petition

The following organisations have already endorsed the petition:

Internet Society of South Africa

SANGONeT

Project Literacy


To add your name to this list, please send your organisation name and 
contact information by 22 September 2006 to - info at sangonet.org.za




Appendix A: Conference Declaration

Declaration on the South African National Strategy on free and open 
source software and open content (“National Open Source Strategy”)

    1. We, the delegates assembled in Johannesburg from 22-23 August 
2005 for the Go Open Source Conference on the National Open Source 
Strategy, declare our common desire and commitment to the strategic use 
of information and communications technologies in order to further 
socio-economic development and affirm the central place that free and 
open source software and open content (FOSS/OC) have in realising this goal.
    2. We recognise that FOSS/OC include both technological and 
environmental elements, that FOSS/OC are characterised by accessibility, 
collaboration, interoperability, open standards, transparency, 
customisability, contribution, and open licensing, and that FOSS/OC 
involve those who use, modify, enhance and create such technology and 
content.
    3. We recognise that the South African national strategic objectives 
for socio-economic development are to improve competitiveness, support 
local innovation and investment, broaden BEE participation in the 
economy, build a better world, improve the reach and efficiency of 
government service delivery and in doing so reduce poverty and redress 
imbalances of the past.
    4. We affirm that FOSS/OC help achieve these objectives by 
contributing to socio-economic development nationally, regionally and 
internationally in significant ways that other technologies and forms of 
content do not.
    5. We conclude that it is strongly in the interest of all spheres of 
Government to adopt, support, develop and promote the use of FOSS/OC and 
its underlying principles.

POLICY

    6. The foundation of policy is for government to implement FOSS/OC 
unless proprietary software is demonstrated to be significantly 
superior. Whenever the advantages of FOSS/OC and proprietary software 
are comparable FOSS/OC must be implemented when choosing a software 
solution for a new project. Current proprietary software must be 
migrated to FOSS/OC whenever comparable software exists. When FOSS is 
not implemented, then reasons must be provided in order to justify the 
implementation of proprietary software. All new software developed using 
Government resources must be based on open standards, adhere to FOSS 
principles, and licensed using a FOSS license where possible.
    7. An environment supportive of FOSS/OC must be created, ensuring 
that existing legislation on copyright, patents, trademarks, etc., do 
not present barriers to FOSS/OC utilisation. This must be done by 
developing awareness, capacity, knowledge and understanding nationally 
and within Government; developing broad FOSS/OC Research and Development 
initiatives; enforcing and giving preference to the use of FOSS and 
application of FOSS/OC principles in planning and procurement processes; 
creating opportunities for use of FOSS/OC. Creation of such an 
environment will require partnerships with relevant sectors of society.
    8. Government should utilise the opportunities presented by the open 
and collaborative culture associated with FOSS/OC to promote access to 
information by citizens, by driving and embracing enhanced service 
delivery through electronic channels.
    9. All content produced by Government or using public resources must 
be open content, unless analysis on specific content shows that 
proprietary licensing or confidentiality is substantially beneficial. 
Open content and open standards will be encouraged generally within 
South Africa.

WE RECOMMEND

   10. That national Cabinet formally adopt this policy on FOSS/OC 
within six months.
   11. That national Cabinet mandate an appropriate multi-stakeholder 
entity to implement the National Open Source Strategy within twelve months.
   12. The development of a FOSS/OC scorecard that will be used to 
evaluate progress of individual departments or clusters toward 
implementing this policy.
   13. That relationships with regional and continental African 
organisations should be given special attention, including NEPAD's 
e-Africa Commission and information society Partnership for Africa's 
Development (ISPAD), and SADC, among others, in order to share the 
benefits of the National Open Source Strategy and for alignment with 
other ICT-related African development strategies. Similar attention 
should be given to IBSA collaboration.

IN CONCLUSION

   14. As the policy, strategy legislative processes and their 
implementation move forward and in anticipation of their completion, we 
are committed to the implementation of FOSS/OC projects and open 
standards in our own organisations and areas of activity, and to helping 
address the many challenges that will be faced as the National Open 
Source Strategy is pursued.
   15. As a multi-stakeholder conference with delegates from all spheres 
of government and across all government departments, from private sector 
companies, from civil society, and as private individuals with specific 
expertise in the area of FOSS/OC we urge the recommendations in this 
Declaration be carried forward.

Participating Organisations

5.1.1 Private sector

Accenture, Canonical Ltd, Computers 4 Kids, Dipalo School of ICT, 
Hewlett-Packard, IBM, IMPI Linux, Junior Chamber International, Magna 
FS, Mohwiti Technology - Innovation Hub, Obsidian, Olamandla (Pty) Ltd, 
Procentrica Africa, Radian, Redscreen, Sasol, Silverline Consulting, SLR 
Consulting, Target Training & Technologies, T- Systems.
5.1.2 Public sector

Akani Retirement Fund, Cosatu, E-schools Network, NAFCOC, NAFCOC Youth 
Chamber, Netday, OSISA, SA Revenue Services, SchoolNet, Namibia, SITA, 
The Shuttleworth Foundation (TSF), Training Trade Unions, Translate.Org, 
Ubuntu Education Fund, SANGONeT, Creative Commons South Africa, 
Translate.Org, Linuxchix, Connect Africa, Sangoco.
5.1.3 Government

The Office of the President, National Department of Arts and Culture, 
National Department of Communications, National Department of 
Correctional Services, National Department of Education, National 
Department of Government Communications and Information Services, 
National Department of Local & Provincial Government, National 
Department of Public Enterprise, National Department of Public Service 
and Administration, National Department of Science and Technology, 
National Department of Trade & Industry, National Department of Water 
Affairs & Forestry, The Presidential National Commission on information 
society and Development, Centre For e-Innovation (Provincial Government 
of the Western Cape), City of Johannesburg, Gauteng Office of the 
Premier, Gauteng Province (Sport, Public Works and Transport), North 
West Provincial Government, Eastern Cape Education Department, free 
State Education Department, Gauteng Education Department, KwaZulu-Natal 
Education Department, Mpumalanga Education Department, Northern Cape 
Education Department, North-West Education Department.
5.1.4 Academia

Eastern Cape Technikon, Rhodes University, UNISA, University of Cape 
Town, University of Western Cape.

1 Signatory organisations are listed at the end of the petition

2 Included as an Appendix


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