Freedom of information Act unpacked
Jane Nkiwane
The Freedom of Information Act chapter (10:23) has been introduced to grant the public the right to access information held by public and commercial institutions for public accountability.
This came to light during a meeting hosted by the Media Institute for Southern Africa (MISA) in Bulawayo.
Community based organizations and community media present were made aware of the connection between the Freedom of Information Act and Section 61 of the Constitution that speaks to freedom of expression and freedom of the media.
Acting Secretary of the Zimbabwe Media Commission(ZMC), Academy Chinamhora facilitated the meeting alongside ZMC Research, Training and Development Manager Tariro Shonhiwa.
The Act, which was gazetted on the 1st day of July 2020 and came into effect in March 2022, sets out procedures for Zimbabwean citizens and permanent residents to access information. It also outlines the scope of limitations on the rights of access to information and gives authority to ZMC to enforce the Act.
Section 5 Implores every public, commercial entity or holder of statutory office to have a written policy through which it discloses information.
Chinamhora explained that section 4 of the Act commands every entity and public institution to create, keep, organize and maintain information which is in the interest of public accountability and in the exercise or protection of a right.
“The Act makes it possible for any person who wishes to attain information from any public institution, commercial or statutory office to apply in writing to an information officer of the entity. The information officer is expected to immediately respond in writing acknowledging receipt of the request. According to Section 8, information officers are obliged to respond within 21 days and notify the applicant on whether their request has been granted and if granted, furnish the client with requested information. However, where the request relates to information which is necessary to safeguard the life or liberty of a person the information officer should respond within 48 hours,” said Chinamhora.
Section 10 of the Act states that if the information officer fails to respond to the applicants request within the period stipulated by the Act he shall be “deemed to have refused” the request and the applicant should proceed to lodge an appeal to the ZMC.
Chinamhora said an applicant has the right to request information in a language they prefer or understand as long as it is one of Zimbabwe’s officially recognized languages.
” According to section 16 translation costs are to be paid by the applicant. However information must be easy and inexpensive to obtain, translation expenses should not be a limiting factor and rates for special consideration like braille should also be affordable,” he added.
Chinamhora explained that despite the Act facilitating the right to access information, non-disclosure is permitted in exceptionally justifiable circumstances for example if the information is likely to compromise public security, protection of legally privileged information, and the protection and safety of individuals and property and if the information is likely to cause national unrest.
Shonhiwa, highlighted challenges that hinder ZMC from assisting the public in their request for information from different entities.
” Some applicants do not attach relevant documentation in their application. Furthermore, omission of vital information like contact information and address of the institution makes it impossible for us as ZMC to start working on the appeal. Some provide us with wrong spellings and names of the Ministries or entities.”
She encouraged the public to take time to educate themselves on the provisions of the Freedom of Information Act as well as other relevant media and information laws to make it easier for applicants to follow procedures when requesting for information.
The freedomof Information Bill was signed into law by the president in 2020, effectively repealing the Information and Protection of Privacy Act.
