Operational Context

The Access to Information and Protection of
Privacy Act (AIPPA), together with the Public
Order and Security Act, enacted in 2002, were
among some of the most repressive laws used
to suppress media freedom and free speech
in Zimbabwe.

It is in that regard that the enactment of the
Freedom of Information Act in 2020, as part
of the unbundling of AIPPA, was welcomed
as one of the progressive steps taken by the
government of Zimbabwe towards the alignment
of the country’s laws with the Constitution.

Scores and scores of journalists were arrested
under AIPPA while newspapers such as The
Daily News and The Tribune were closed under
this law which at that time was used as the
weapon of choice against dissenting voices
and media workers.

During the year under review, and as the
country forged ahead with the media policy
and law reform processes, another significant
milestone was the licensing of the country’s
first ever ‘privately owned’ television stations,
and community radio stations.

However, with the coming into being of the 2013
Constitution with its highly acclaimed Bill of
Rights and explicit provisions on citizens right
to access to information, it became increasingly
clear that AIPPA was anathema to the enjoyment
of the very same right it purported to protect.

However, these otherwise positive outcomes on
the media reforms front, were marred by the
government’s seeming determination to amend
the 2013 Constitution prior to the alignment
of several laws that are not in sync with the
country’s supreme law enacted in 2013.

This point was driven home under Section 62 of
the 2013 Constitution (on access to information),
that new legislation had to be enacted to give
effect to the enjoyment of that right, thus paving
way for the repealing of AIPPA.

This came in the wake of the conclusion of the
public hearings on the Constitution Amendment
No.2 Bill. The Bill gazetted on 17 January 2020,
is made up of 27 sections that propose to amend
no less than 30 sections of the Constitution.

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The Access to Information and Protection of Privacy Act (AIPPA), together with the Public Order
and Security Act, enacted in 2002, were among some of the most repressive laws used to
suppress media freedom and free speech in Zimbabwe.

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