Act, has a serious bearing on citizens’ full enjoyment of the right to freedom of expression and access to information. This is despite the Supreme Court rulings against criminal defamation in 2013 and 2014 in the old Constitution and the Minister of Media, Information and Broadcasting Services Professor Jonathan Moyo’s assertions that criminal defamation should be repealed. Access to and the free flow of information are critical for citizens to make informed choices and hold government and public institutions accountable for their actions. The Criminal Law (Codification and Reform) Act currently retains sections that hinder this right. These are: • section 95, providing for the offence of criminal insult; • section 31, providing for the offence of publishing or communicating false statements prejudicial to the State; and • section 33, providing for the offence of undermining authority of or insulting the President. Several citizens have been arrested and charged under this law, especially Section 33. The fact that Zimbabwe is still to come up with a democratic access to information law as demanded by the new constitution is a serious indictment on the government’s commitment to entrenching democratic principles and values. This development should be viewed against the passing of an access to information bill by the Mozambican parliament on 26 November 2014. The Mozambican bill seeks to create greater transparency and generate public participation in Mozambique. Access to and the free flow of information are critical for citizens to make informed choices and hold government and public institutions accountable for their actions. The Criminal Law (Codification and Reform) Act currently retains sections that hinder this right. The Bill imposes a duty on public and some private bodies to “make available information of public interest in their power, publishing it through legally permitted channels, which can make it increasingly accessible to citizens”. The only requirement on people requesting information is that they identify themselves; they will not need to explain what they want to do with the information. Requested information must be provided within 21 days. Meanwhile, Section 62 (4) of the Zimbabwean Constitution, which is still to be fulfilled provides as follows: Legislation must be enacted to give effect to this right (access to information), but may restrict access to information in the interests of defence, public security or professional confidentiality, So This is Democracy? 2014 85