AIPPA provisions
Section 17(1)(e) protection of
information relating to or used in
the exercise of prosecutorial
discretion. An exception to this is
given in Sec 17(3)

Issue
FOI Bill proposed provisions
Some prosecutions are of public The Bill is silent on this.
interest and have a bearing on
public welfare, for example,
prosecutions against corruption.
There should therefore be no
blanket ban against accessing
information relating to or used in
the exercise of prosecutorial
discretion

Recommendations
Information relating to or used in
the exercise of prosecutorial
discretion must not be generally
exempted from being accessed.

The Zimbabwe Media Commission
had excessive powers over the
voluntary disclosure of information.
For example, in terms of Section 28,
ZMC must be notified before the
disclosure of information, including
information that is in the public
interest or related to public safety.

The Zimbabwe Media Commission
exists to promote and foster media
freedoms in Zimbabwe.
Section 249 (1)(f) of the
Constitution says the ZMC has a role
to ensure access to information.
This role must be interpreted in line
with media freedom.

i. The Bill gives the ZMC powers to i.
oversee the exercise and
enjoyment of the right to access
information by administering the
Freedom of Information Bill
when becomes law.
ii.
ii. Sec 18 of the Bill says the ZMC
must receive reports on statistics
about information requests iii.
received in a given year.
iii. Sec 35 of the Bill says the ZMC
will be responsible for hearing
appeals over denied requests for
information.

AIPPA does not provide for appeal
procedures against decisions to
deny
access
to
requested
information. The head of the public
entity has the final say in the
information request chain.
Unreasonable and unjustifiable

There must be appeal procedures to
ensure that denials of access to
requested information are fair and
justifiable in an open and
democratic society.
A body that is independent of the
entity appealed against must hear

The FOI Bill provides the right to
appeal in Section 35. These appeals
are heard and finalised by the
Zimbabwe Media Commission.

The Zimbabwe Human Rights
Commission and not the ZMC is
the guardian of human rights in
Zimbabwe. This includes the
right to access information.
The ZHRC is better suited to deal
with the administration of a
freedom of information law.
The ZHRC will interpret the right
to access information in a much
wider context than the ZMC and
should therefore, be given the
task of overseeing the
protection and promotion of the
right to access information in
Zimbabwe.

i. A court of law such as the High
Court should be the final arbiter
in settling disputes over the
denial of access to requested
information.
ii. Rulings by such a court of law
would further enrich the
5

Select target paragraph3