y

On a relatively positive note, the long-awaited Freedom
of Information Act came into effect on 1 July 2020. This is
part of the process of repealing AIPPA and is a significant
milestone in Zimbabwe’s law reform agenda.

y

This piece of legislation grants constitutional rights on
freedom of expression, media freedom and access to
information held by entities in the interest of public
accountability, or for the exercise of a right.
Specifically:
y

The Act designates an information officer as
the point-person responsible for receiving and
processing information requests. However, at the
time of this research many organisations had not
yet recruited information officers.

y

The Act places an obligation on entities to have a
written information disclosure policy.

y

Section 6 (a) protects deliberations and functions
of cabinet and its committees but does not make
provision for the declassification of this information.

y

Section 7, which focuses on requests for access to
information, does not include private entities. This
aspect is similar to Section 5 of AIPPA which limited
the right of access to information held by public
bodies only. This provision, therefore, continues to
be restrictive.

y

Section 10 states that if a response is not handled
within the specified timeframe, the information
officer is deemed to have refused the request. An
applicant would then need to file an appeal with
the Commission. There is no mechanism in place
to ensure that in instances of deemed refusals,
reasons for the refusal are given.

y

Section 16 provides for information to be supplied
in a language requested by the applicant. However,
translation costs are to be paid by the applicant. As
Zimbabwe has 16 official languages, it would have
been more inclusive to ensure that information is
available and accessible in all official languages.
Imposing translation fees is restrictive and
discriminatory.

y

Section 17 provides for the payment of fees, which
include search, translation, the making of copies
and inspection fees. It is MISA Zimbabwe’s hope
that these fees will be reasonable and affordable
to low-income members of society to allow for the
exercise of the right of access to information.

y

Section 22 provides for exemptions on specific
information held by private entities, but the Act is
silent on requests to private entities.

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y

The Act provides an exemption of access to
information where it is likely to cause prejudice
to the defence or security of the State. The Act,
under Section 27 (2) also clearly defines what this
information includes.
The Act stipulates that information requests should
be made in writing. The Act makes no provision for
people who are illiterate or blind, and this has raised
concerns. Considering that the law establishes the
role of information officers, it should be the duty of
that officer to reduce verbal requests into writing
for record purposes. This provision is similar to
Section 6 of AIPPA.
Some of the provisions of the Freedom of Information
Act support Sections 61 and 62 of the constitution
which provide for freedom of expression, media
freedom and access to information.

Although this Act comes a long way in repealing AIPPA,
there are still many areas of concern. Prior to this bill’s
passage in parliament, overwhelming submissions were
made by citizens during public hearings, pertaining to
the roles of the Zimbabwe Human Rights Commission
(ZHRC) and Zimbabwe Media Commission (ZMC). Many
of the submissions requested that appeals relating to
denial of information requests to be lodged with the
ZHRC (or a competent court of law), and not with the ZMC
(as its constitutional mandate is on media regulation).
MISA Zimbabwe agreed with this, holding a strong view
that the right of access to information is a human right
and that the ZHRC, as the guardian of human rights,
is thus more suitable to attend to complaints relating
to the exercise of that right as opposed to a media
regulatory body.
It is noted with concern that these submissions were
ignored in the new act, although it does make provision
for further appeals to the High Court if an applicant is
not satisfied with the decision of the ZMC.

ZIMBABWE

FREEDOM OF INFORMATION ACT

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