compellingly important interests. Access to information is the norm and refusal to disclose information the
exception.”15
In other words, entities must grant a request for access to information if the disclosure of that information
is in the public interest, even if the requested information falls under one of the listed categories of
exemptions. There should not be automatic denials of access to requested information simply because such
information is listed under one of the Bill’s exemptions. There must be a value judgment in each instance
of requested information in which the public interest value of the requested information is weighed.
Section 28 of AIPPA lists information that must be mandatorily disclosed in the public interest. For
example, information about the risk of significant harm to the health or safety of members of the public; or
the risk of significant harm to the environment; or any matter that is in the interest of public security or
public order, including any threat to public security or public order.
Section 28(1)(b) states that this information must be disclosed even if no request for it has been made.
The Bill does not have any provision of information availed in the public interest. This is a negative
development and it is recommended that this position is revised and ideally, brought into line with Section
25 of the Model Law.
Some information such as personal information belonging to third parties must be protected. However,
some categories of information cannot be justifiably protected from disclosure, for example information on
government borrowing as listed in Section 28(2)(b)(iv). The Zimbabwean government has a history of
passing on debts to the public as evidenced by the nationalisation of debts accrued by public bodies such as
the Reserve Bank of Zimbabwe (RBZ), and the Zimbabwe Iron and Steel Company (ZISCO). Further, the
Constitution provides that:
Within sixty days after the Government has concluded a loan agreement or guarantee, the Minister
responsible for finance must cause its terms to be published in the Gazette.18

Other exemptions such as the protection of certain other confidential information of third party 16 are
superfluous while others such as the protection of research information of third party or public entity17 are
unreasonable. Some exemptions such as the blanket ban exemption on the combined grounds of protection

15

Van Der Mere v. National Lotteries Board 2014 JDR 0844 (GP) para 21
Section 23 of the Bill
17
Section 29 of the Bill
16

14

Select target paragraph3