Section 62 of the Constitution guarantees the right to access to information. However, the continued
existence of restrictive laws such as the Access to Information and Protection of Privacy Act (AIPPA)
and Official Secrets Act (OSA), among others, erode guarantees enshrined in the Constitution.
AIPPA provisions, not in sync with the Constitution are:
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Section 5 of AIPPA which limits access to information which is in the hands of a public body.
Secondly, this section also restricts the exercise of this right to citizens and residents of
Zimbabwe. This is in contravention of Section 62 of the Constitution which states that the right
to access information can be exercised by every person, and it is applicable to information
stored by public, State, and private bodies.

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Sections 64 and 80 of AIPPA which criminalise “abuse of freedom of expression” and “abuse of
journalistic privilege” respectively. These provisions contradict Section 61 of the Constitution
which protects the right to freedom of expression and media freedom.

The continued discord between legislation and the Constitution goes beyond being a rights issue
because it also affects Zimbabwe’s business prospects on the global stage. For instance, Section 65 of
AIPPA restricts foreigners from owning mass media services (mass media services include print and
broadcast media which are intended to be read, seen or heard, as the case may be, by an unlimited
number of people).
Furthermore, the data protection provisions found in AIPPA are insufficient when tested against the
European Union’s current General Data Protection Regulations. These insufficiencies make Zimbabwe
an unattractive destination for data and information, thus effectively counteracting government efforts in
opening Zimbabwe to business.
Information assists citizens as well as business in making informed decisions and choices on matters
affecting their lives and operations. This entails proactive public interest disclosure of information to
instil transparency and accountability in public institutions.
Regrettably, requests for information by MISA Zimbabwe from various public institutions under the
annual MISA Regional Transparency Assessment surveys, points to a culture of inefficiency and
entrenched secrecy in public institutions. Results of the surveys which are released on the International
Day for Universal Access to Information, analyse the ease or difficult with which the public can access
relevant information.

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