Freedom of Information

Under Clause 32, where access to information which involves information of
a third party which is protected under Part V is requested, an information officer is
required to take all necessary steps to notify the third party of the details of the request,
the protection which might apply in terms of Part V of the Bill, the reasons why Clause
37 with respect to a possible overriding public interest might apply. The clause sets out
the periods within which the notification must be made.
Under Clause 33, a third party is granted the right to make representations with
respect to a request or to indicate his or her consent to the request. This must be done
within a stated period.
Under Clause 34, an information officer must make a decision within a specified
period and notify the third party of the decision. The decision must take account of the
representations and, in the case where it was not possible to notify a third party of the
request, the fact that the third party did not have the opportunity to make representations.
If the decision is to grant access, the third party must be notified of the right to appeal
within a specified period and that access will not be granted until after the determination
of the appeal.
In Part VI, the Bill provides for appeals by applicants or third parties against
decisions of an information officer.
Under Clause 35 such appeals, other than an appeal in terms of Clause 8, will be
appeals to the Secretary of the Zimbabwe Media Commission.
Clause 36 sets out the procedure for an appeal and the periods within which
actions must be taken.
Clause 37 elaborates on the procedure for appeals if the information involved
affects a third party.
Clause 38 sets out the process to be followed by the Commission in coming to a
decision on an internal appeal, the period within which the decision must be made, the
notification thereof to the parties concerned including advising on the right to appeal the
internal appeal to the High Court. If a principle officer of an entity fails to give notice
of a decision within the specified periods, he or she is deemed to have dismissed the
appeal.
Part VII provides for general matters. These are: exemption from liability under
Clause 39 of persons acting in good faith in the performance of their functions under
the Act and regulatory powers of the Commission under Clause 40, provides for the
power of the Commission to make regulations in consultation with the Minister in
terms of this Act.
Finally, Clause 41 repeals the Access to Information and Protection of Privacy
Act [Chapter 10:27].

v
(v)

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