Summary comparison of AIPPA and the gazetted Freedom of Information Bill
More than six years after the adoption of the 2013 Constitution, most of Zimbabwe’s laws are still to be aligned with the substantive human
rights and fundamental freedoms enshrined in Chapter 4 of the Constitution known as the Declaration of Rights. The proposed repeal and
amendments to laws such as the Access to Information and Protection of Privacy Act (AIPPA) are grossly inadequate and far from meeting
regional, continental, and international benchmarks and best practice.
The recently gazetted Freedom of Information Bill (FOI Bill) is one such law as it has serious deficiencies in its framing and efforts to be
constitutionally compliant in terms of Section 62 of the Constitution that provides for the right to access to information.
AIPPA provisions
Sec 5: Right to Information is
The restriction is against Section 62
limited to:
of the Constitution which states
i. Information held by a public
i. The right to provide access
ii. Citizens, permanent residents
information applies to State,
and long term visitors to
public and private bodies. See
Section 62 (1) and (2) of the
iii. Locally registered media
ii. Every person has the right to
access information held by the
State, public and private bodies
if such information is required
for the exercise or protection
of a right. Section 62 (2) of the

FOI Bill proposed provisions
The Memorandum of the Bill states: Expand Section 7 of FOI Bill to
i. Only citizens and residents may include
make requests to public
information held by private entities.
ii. Non-citizens and non-residents
may make requests to private
entities if such information is
required for the exercise and
protection of a right
Section 7 of the Bill only deals with
access to information held by public
entities and is silent on requests
from private entities.


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