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and international instruments.
As highlighted in the 2011 State
of the Media Report, AIPPA remains a
misnomer to citizens’ right to access to
information as it retains restrictive provisions that are cumbersome to the exercise of that fundamental right more so
in the context of the media’s watchdog
role over the three arms of the state i.e.
Executive, Legislature and Judiciary.
Despite the cosmetic 2008 Amendments to AIPPA, the law still retains the
provision among others, which gives
public bodies 30 days within which to
respond to requests for information.
This has resulted in several public institutions continuing to operate in secrecy owing to the absence of a democratic
freedom of information and access to
information laws and an explicit constitutional provision to that effect.
Lack of willingness to speedily provide information has seen the media
tending to speculate and using unnamed
sources thus severely compromising the
citizens’ inalienable right to access information held by both public and private
bodies to enable them to make informed
decisions and choices.
Among its other benchmarks, the
Banjul Declaration stipulates that public bodies shall be required “even in the
absence of a request” to actively publish
important information or significant
public interest. It further states that any
refusal to disclose information shall be
subject to an appeal to an independent
body and or courts.
In terms of Section 8 of AIPPA for
one to get information from a public



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body, one has to make a formal communication in writing to the head of the
intended public body in the custody of
the required information.
However, the head of the public body
has 30-day latitude period within which
to respond to the application and he/she
has leeway to extend the period with the
commission’s consent. There is no justification for the 30 –day response period
which is unnecessarily long and insensitive to the needs of those requiring that
information.
This situation is made worse by other
existing legislation such as the Official
Secrets Act and the fact that the constitution does not explicitly guarantee the
right to access to information.
MISA-Zimbabwe is therefore encouraged by the inclusion of an explicit
constitutional provision on the right to
access to information which should go
a long in the enactment of a democratic
Freedom of Information Act.

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Regulatory Framework
The licensing of the first ever privately owned radio stations, ZiFM and
Star FM in September last year is a welcome development that has somehow
diversified the broadcasting sector for
years dominated by the state-controlled
Zimbabwe Broadcasting Corporation.
The government, however, appears
to be dragging its feet in terms of instituting comprehensive legislative reforms
that will free the media space, fundamentally as it pertains to the broadcast-

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