is equal to rejection of access to information. This allows the applicant to approach courts for a decision on
the reasonableness of the steps taken to get the record.
To prevent information officers and entities from abusing this provision, it is recommended that Section 20
of the Model Law offer guidance on how missing and non-existent records are dealt with. The section states
that the notice given to a requester in cases of missing and non-existent records must include an affidavit
or affirmation, signed by the information officer stating the substantive details of all steps taken to find the
information or to determine whether the information exists. The affidavit must include the following
information:
a) details of all locations searched for the information and the person or persons that conducted those
searches

b) details of any communications with any person that the information officer contacted in searching
for the information or attempting to establish the existence of the information

c) any evidence relating to the existence of the information including; - (i) any evidence that the
information was destroyed; and (ii) the location in which the information was last known to be
held13.

Another way of improving accessibility to information is to provide it in a way that is accessible and
convenient to the person who requested it. This is another improvement from the current position contained
in AIPPA, where information is only released in written/ printed format in English.
Section 16 of the Bill states that the information must be provided to an applicant in the officially recognised
language as the applicant requests. This means that information officers must, where so requested by the
applicant, provide information in another official language that is not necessarily English. The entity may
even translate the information into the requested language and recover the reasonable translation costs from
the applicant14.
The ability to recover translation costs from the applicant will no doubt prohibit requesters of information
from asking for information translated into their languages. This therefore, becomes a clawback provision
that eventually prohibits people from exercising their constitutional right to request information in one of
Zimbabwe’s official languages as listed in Section 6(1) of the Constitution.
This Bill does not prioritise accessibility of the information supplied in response to a request for information.
Section 21(6) of the Model Law requires that the requested information must be made available in a form

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14

Section 20(2) of the Model Law
Section 16(2) of the Bill

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