ZAMBIA

INTRODUCTION
It is said that information is the oxygen of democracy, so
meaningful and effective citizen participation in the affairs
of their society can only be actualised if adequate access to
information is guaranteed.
Access to information is an essential part of good government.
Conversely, bad governments thrive on a culture of secrecy.
Ironically, most governments prefer to conduct their business
in secret, away from the eyes of the public. In this respect,
governments usually advance many reasons for maintaining
secrecy. These reasons typically include national security,
public order and public interest.
Zambia has no access to information law. On the contrary,
the Official Secrets Act of 1923 criminalises unlawful access
and possession of government information with a minimum
sentence of 25 years’ imprisonment. The Zambian Constitution
does not expressly guarantee the right to access public
information; however, the current draft constitution has a
provision guaranteeing access to information: Article 72(1)(a)
states that “every citizen has the right of access to information
held by the State.” The adoption of this clause will not only
guarantee citizens the right to information, but will end the
12-year process and resulting failure by government to enact
an access to information law.
Earlier this year (26 June 2018), President Edgar C. Lungu
stated that his administration will remain open so that citizens
can easily access information on matters of national interest
in order to help enhance Zambia’s democratic credentials.
However, prospects of Zambia ever enacting the Access to
Information (ATI) Bill seemed bleak as the year progressed.
This did not deter ATI Activist, Lloyd Bwalya of the Jesuits
Centre for Theological Reflection (JCTR), from demanding the
enactment of the ATI Bill. He further observed the need for
public input before the ATI Bill’s enactment into law.
Similar calls were made by Transparency International Zambia
(TIZ) President, Ruben Lifuka. He stated that ATI legislation
would enhance the fight against corruption. Mr Lifuka called
for the urgent enactment of the ATI Bill to ensure that the fight
against corruption was not mere rhetoric.

RATIONALE AND RESEARCH
PARAMETERS
The objective of this research was to determine the transparency
and openness of public institutions with regards to how they
handle and respond to requests for information from the public.
It is believed that public and government institutions hold
information on behalf of citizens, and when citizens request
such information, it should be provided to them.
This study is meant to encourage transparency and openness
in government and public institutions.

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For this research, eight public institutions were randomly
selected. The study was conducted from 16 July to 17 August
2018 in Lusaka, Zambia.
Written requests for information were submitted to all selected
institutions and their online platforms, including their websites
and social media pages, were assessed.
The following public institutions were surveyed:
1. National Road Fund Agency (NRFA)
2. Ministry of Agriculture and Livestock (MAL)
3. Ministry of Community Development and Social Welfare
(MCDSW)
4. Ministry of Gender (MoG)
5. Ministry of Information and Broadcasting Services (MIBS)
6. Ministry of Lands and Natural Resources (MLNR)
7. Zambia Public Procurement Authority (ZPPA)
8. Zambia Revenue Authority (ZRA)

SUMMARY OF KEY FINDINGS
Category 1: Website analysis
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All institutions except for the MCDSW have working
websites.
All the institutions except for the MCDSW have
Facebook pages with several of them containing
up-to date content, but most have little-to-no
interaction with their audience.
None of the websites analysed provide information
on budgets and expenditures.
None of the websites analysed indicate their
institution’s working hours.
Several of the websites analysed do not have a
mechanism for requesting and receiving responses
to elec-tronic messages or requests for information.

Category 2: Requests for information
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Of the eight surveyed institutions, only the NRFA
and the ZPPA provided the requested information.
All institutions acknowledged receipt of the
requests and promised to get back to the
researcher.
The public relations officer of the MLNR met the
researcher and promised to provide the requested
infor-mation as soon as possible, yet failed to do so
by the end of the research period.
Generally, few institutions have a designated
person to receive and respond to requests for
information; all queries are usually addressed to
the Permanent Secretary or the Director General,
who then decides upon the response to the specific
request for information.

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