Zimbabwe
Name of law: Freedom of Information Act
First adopted: 2002
Last modified: n/a
RTI Rating last updated: 2020-09
First adopted: 2002
Last modified: n/a
RTI Rating last updated: 2020-09
Introduction
Although Zimbabwe's earlier (2002) right to information law was much criticised for being very weak, the 2020 update is only three points stronger. The new law fails to put in place sanctions for obstruction of access or strong promotional measures, and the procedures for making and processing requests remain weak. Part of the problem is that the law relies on other laws, for example for the system of appeals, which go to the Media Commission, whose powers and rules are not adapted to access to information appeals. On a more positive note, the regime of exceptions, a key part of any right to information law, has been tightened up somewhat relative to the earlier law.Local expert: Jackie Chikakano
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 15 | 30 |
| 3 | Requesting Procedures | 13 | 30 |
| 4 | Exceptions & Refusal | 18 | 30 |
| 5 | Appeals | 17 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 4 | 16 |
| ∑ = 73 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | 62. 1. Every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right of access to any information held by the State or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability. 2. Every person, including the Zimbabwean media, has the right of access to any information held by any person, including the State, in so far as the information is required for the exercise or protection of a right. 3. Every person has a right to the correction of information, or the deletion of untrue, erroneous or misleading information, which is held by the State or any institution or agency of the government at any level, and which relates to that person. 4. Legislation must be enacted to give effect to this right, but may restrict access to information in the interests of defence, public security or professional confidentiality, to the extent that the restriction is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom. | Of the 2013 Constitution. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | Partially | 1 | 7(1) Any person who wishes to request access to information from any public entity, public commercial entity or the holder of a statutory office in accordance with the rights granted under this Act may apply in writing in a prescribed manner to an information officer of the public entity, public commercial entity or holder of a statutory office concerned. | No proper statement of the right, just a procedure for making requests. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | Preamble: TO additionally provide for the constitutional rights of expression, and freedom of the media; to provide further for the right of access to information held by entities in the interest of public accountability or for the exercise or protection of a right; to repeal the Access to Information and Protection of Privacy Act [Chapter 10:27]; and to provide for matters connected therewith. 3(c) The objects of this Act are— ... (c) to promote transparency, accountability and effective governance by taking any steps necessary to— (i) educate or inform the public of their rights in terms of this Act; and (ii) ensure that appropriate assistance is afforded to members of the public seeking to exercise their right of access to information in order to facilitate the exercise of the right. | Very weak statement of benefits and no requirement to interpret so as to give effect to them. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | 7(1) Any person who wishes to request access to information from any public entity, public commercial entity or the holder of a statutory office in accordance with the rights granted under this Act may apply in writing in a prescribed manner to an information officer of the public entity, public commercial entity or holder of a statutory office concerned. | Refers to "any person" but does not define this. Not clear if legal persons are included. No suggestion that foreigners be excluded but also does not explicitly include them. The Constitution refers to citizens, permanent residents and juristic persons. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2 “information” includes but is not limited to any original or copy of documentary material irrespective of its physical characteristics, such as records,book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held, in the possession or under the control of the entity to which a request is made under this Act; | Information is defined broadly but the definition unnecessarily refers to the idea that the material be the subject of a request. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 2 “information” includes but is not limited to any original or copy of documentary material irrespective of its physical characteristics, such as records,book, drawing, plan, map, diagram, photograph, audio or visual record, and any other tangible or intangible material, regardless of the form or medium in which it is held, in the possession or under the control of the entity to which a request is made under this Act; | The definition of information focuses on records, although some provisions, such as s. 7 on requests, refer to information. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 4 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; 40(2) Regulations may provide for— ... (f) persons, organisations or institutions exempted from the provisions of this Act; s. 2 of the Public Finance Management Act: “public entity” means— (a) any corporate body established by or in terms of any Act for special purposes; (b) any company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body; (c) a local authority; (d) any partnership or joint venture between the State and any person and which is prescribed by the Minister for the purposes of the application of this Act to be a partnership or joint venture; and unless otherwise specified, refers to a public entity prescribed for the purposes of Part V; | This is very unclear. Covers all statutory bodies (and some provisions of the Law specifically refer to a "holder of a statutory office" but the definition in the Public Finance Management Act appears to be rather limited. S. 40(2)(f) gives the Commission the power to exempt "persons, organisations or institutions" from the scope of the Act, which is very unfortunate. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | NO | 0 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; 40(2) Regulations may provide for— ... (f) persons, organisations or institutions exempted from the provisions of this Act; s. 2 of the Public Finance Management Act: “public entity” means— (a) any corporate body established by or in terms of any Act for special purposes; (b) any company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body; (c) a local authority; (d) any partnership or joint venture between the State and any person and which is prescribed by the Minister for the purposes of the application of this Act to be a partnership or joint venture; and unless otherwise specified, refers to a public entity prescribed for the purposes of Part V; | Since the definition does not include constitutional bodies it is not clear that the legislature is covered. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; 40(2) Regulations may provide for— ... (f) persons, organisations or institutions exempted from the provisions of this Act; s. 2 of the Public Finance Management Act: “public entity” means— (a) any corporate body established by or in terms of any Act for special purposes; (b) any company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body; (c) a local authority; (d) any partnership or joint venture between the State and any person and which is prescribed by the Minister for the purposes of the application of this Act to be a partnership or joint venture; and unless otherwise specified, refers to a public entity prescribed for the purposes of Part V; | Since the definition does not include constitutional bodies, only statutory courts would be covered. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; “public commercial entity” means a company or other commercial entity which is owned or controlled by the State or by a person on behalf of the State; 40(2) Regulations may provide for— ... (f) persons, organisations or institutions exempted from the provisions of this Act; s. 2 of the Public Finance Management Act: “public entity” means— (a) any corporate body established by or in terms of any Act for special purposes; (b) any company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body; (c) a local authority; (d) any partnership or joint venture between the State and any person and which is prescribed by the Minister for the purposes of the application of this Act to be a partnership or joint venture; and unless otherwise specified, refers to a public entity prescribed for the purposes of Part V; | Public commercial entities included |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; 40(2) Regulations may provide for— ... (f) persons, organisations or institutions exempted from the provisions of this Act; s. 2 of the Public Finance Management Act: “public entity” means— (a) any corporate body established by or in terms of any Act for special purposes; (b) any company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body; (c) a local authority; (d) any partnership or joint venture between the State and any person and which is prescribed by the Minister for the purposes of the application of this Act to be a partnership or joint venture; and unless otherwise specified, refers to a public entity prescribed for the purposes of Part V; | Covers statutory but not constitutional bodies |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 2 “public entity” has the meaning given to it in the Public Finance Management Act [Chapter 22:19]; 40(2) Regulations may provide for— ... (f) persons, organisations or institutions exempted from the provisions of this Act; s. 2 of the Public Finance Management Act: “public entity” means— (a) any corporate body established by or in terms of any Act for special purposes; (b) any company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise, and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body; (c) a local authority; (d) any partnership or joint venture between the State and any person and which is prescribed by the Minister for the purposes of the application of this Act to be a partnership or joint venture; and unless otherwise specified, refers to a public entity prescribed for the purposes of Part V; | Act purports to cover information held by private bodies that is needed for the exercise or protection of a right but this is never actually set out as a proper rule. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | Partially | 1 | N/A | Not mentioned and since no mention either of what must be provided on a request - s. 7 just refers to a request in the "prescribed manner" - this cannot rule it out. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | NO | 0 | 7(1) Any person who wishes to request access to information from any public entity, public commercial entity or the holder of a statutory office in accordance with the rights granted under this Act may apply in writing in a prescribed manner to an information officer of the public entity, public commercial entity or holder of a statutory office concerned. | Not mentioned |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | Partially | 1 | 7(1) Any person who wishes to request access to information from any public entity, public commercial entity or the holder of a statutory office in accordance with the rights granted under this Act may apply in writing in a prescribed manner to an information officer of the public entity, public commercial entity or holder of a statutory office concerned. | Only indicates that must be made in writing but no mention of other rules for this. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | 3 The objects of this Act are— … (c) to promote transparency, accountability and effective governance by taking any steps necessary to— … (ii) ensure that appropriate assistance is afforded to members of the public seeking to exercise their right of access to information in order to facilitate the exercise of the right. | Only a very general reference in the section on objectives to assisting. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | 3 The objects of this Act are— … (c) to promote transparency, accountability and effective governance by taking any steps necessary to— … (ii) ensure that appropriate assistance is afforded to members of the public seeking to exercise their right of access to information in order to facilitate the exercise of the right. | No specific mention of this |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 7(2) On receipt of a request, an information officer must immediately provide a written acknowledgement of the request to the applicant. | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | 12 (1) If an information officer has— (a) taken all reasonable steps to find the information requested; and (b) concluded that the information— (i) cannot be found; or (ii) does not exist; the information officer shall, within twenty-one days of the receipt of the request, notify the applicant in writing that the information cannot be found or does not exist. (2) If information is found after notification of the applicant in terms of subsection (1), the information officer must notify the applicant in writing within fourteen days of the information being found and thereafter proceed in terms of section 8. | Only deals with informing the requester when information is not held (and unnecessarily gives 21 days after information is found to notify the applicant) but no requirement either to refer or transfer |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 13 (1) Access to information must be given to an applicant in one or more of the following forms— (a) through a reasonable opportunity to inspect the information; or (b) by way of a copy of the information; or (c) in the case of information that is an article or thing by means of which sounds or visual images are capable of being reproduced, by making of suitable arrangements for the person to hear, view, record or copy those sounds or visual images including by means of braille and sign language; or (d) in the case of information by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by the provision of a written transcript; or (e) in the case of information which is held on a computer, or in electronic or machine-readable form, and from which the entity concerned is capable of producing a printed copy of the information or part thereof, by supplying such a copy; or (f) in the case of information available or capable of being made available in computer readable form, by supplying a copy in that form. (2) Subject to subsection (4), where an applicant has requested access to information in a particular form, access must be given in that form. (3) An applicant may amend their preferred form of access (on payment of any reproduction, translation or transcription fees payable) if access has been granted in the form initially requested. (4) If giving access to information in the form requested by an applicant is likely to— (a) unreasonably interfere with the operations of the entity concerned; or (b) be detrimental to the preservation of the information; or (c) be inappropriate, having regard to the physical nature of the information; access in that form may be refused if access is given in another form authorised under this Act. (5) Where a person requests access to information in a particular form and for a reason specified in subsection (4), access in that form is refused but access is given in another form, the reproduction fee charged may not exceed the fee that would have been charged if the applicant had been given access in the form requested.; 16 (1) Information must be provided to an applicant in such officially recognised language as the applicant requests. (2) Where an entity does not hold the information in the requested language, the entity concerned shall endeavour to translate it into the requested language and may recover the reasonable costs of the translation from the applicant. | But 13(4)(c) allows for discretionary refusals to give in the format requested; also has rule on language but must pay for translation |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 7(3) If an information officer is able to provide an immediate response to an applicant that is to the satisfaction of the applicant, the information officer shall make the response.; 8(1) Subject to subsection (2), an information officer to whom a request is made shall, as soon as is reasonably possible, but in any event within twenty-one days of the date of the request—(a) determine whether to grant the request; and (b) notify the applicant of the decision whether to grant the request, in writing; and (c) subject to subsection (7), if the request is granted, give the applicant access to the information. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 8(1) Subject to subsection (2), an information officer to whom a request is made shall, as soon as is reasonably possible, but in any event within twenty-one days of the date of the request— (a) determine whether to grant the request; and (b) notify the applicant of the decision whether to grant the request, in writing; and (c) subject to subsection (7), if the request is granted, give the applicant access to the information. | 21 days, presumably working days but even if not then 15 working days |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 9 (1) Subject to subsection (2), an information officer to whom a request is made in terms of section 8(1) may, within the initial twenty-one days, seek the consent of the applicant for an extension of time for a period not exceeding fourteen days if— (a) the request is for a large amount of information or requires a search through a large amount of information, and meeting the original time limit would unduly interfere with the operations of the entity concerned; or (b) consultations that cannot reasonably be completed within twenty-one days are necessary to comply with the request. (2) Where an applicant is of the view that the seeking of consent to extend time by the principal officer is merely dilatory, or the information officer does not obtain the consent of the applicant for the extension, the applicant or the information officer, as the case may be, may lodge an appeal with the Commission in terms of section 35. 11 (1) An information officer who receives a request may defer the provision of access to the information if— (a) the information has been prepared for presentation to Parliament; or (b) the information or part thereof constitutes a report that has been prepared for the purpose of reporting to a public entity or to a public officer, but only until the report has been presented or made available to that public entity or public officer or upon the expiration of thirty days from the date of the request, whichever is the sooner; or (c) the information is sub judice. (2) If an information officer defers access to information in terms of subsection (1), he or she must notify the applicant in writing of— (a) the deferral within twenty-one days of the date of the request; and (b) the reason for the deferral, including the provisions of this Act relied on; and (c) the likely period for which access is to be deferred; and (d) the applicant’s right to make representations, within fourteen days of receiving notice, to the information officer regarding why the information is required before such presentation, in the case of a deferral by reason of subsection (1)(a) or (b). (3) If representations have been made in terms of subsection (2)(d), an information officer shall, after due consideration of those representations, within five days of the representations being made, grant the request for access if there are reasonable grounds for believing that the applicant will suffer substantial prejudice if access to the information is deferred for the period referred to in subsection (2)(c). | Only 14 days but odd system requiring consent from applicant; but s. 11 also allows for deferments of access in unreasonable circumstances |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 17 (3) An applicant shall pay, in addition to the access fees prescribed in terms of this section, an additional fee for any time reasonably required in excess of the prescribed hours to search for and prepare the information requested. (4) Fees prescribed in terms of this section may reasonably allow for— (a) the cost of making a copy of the information in any form referred to in section 13; (b) the time reasonably required to search for information and preparation of information; (c) the costs of translation where a request is made that information released be made available in a language other than a language in which it is already held by the entity; (d) payment for the inspection of any records. | No fee for filing a request is mentioned among the fees which may be charged |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | NO | 0 | 17 (3) An applicant shall pay, in addition to the access fees prescribed in terms of this section, an additional fee for any time reasonably required in excess of the prescribed hours to search for and prepare the information requested. (4) Fees prescribed in terms of this section may reasonably allow for— (a) the cost of making a copy of the information in any form referred to in section 13; (b) the time reasonably required to search for information and preparation of information; (c) the costs of translation where a request is made that information released be made available in a language other than a language in which it is already held by the entity; (d) payment for the inspection of any records. (5) The Minister may, by notice in the Gazette— (a) exempt any person or class of persons from paying any fee referred to in this section; (b) determine that any fee referred to in this section is not to exceed a certain maximum amount; (c) determine the manner in which any fee referred to in this section is to be calculated; (d) determine that any fee referred to in this section does not apply to a particular class of information or records. | According to 17(3), fees can be charged for time "in excess of the prescribed hours", but the Law does not prescribe any hours; 17(4) also allows for fees for searching and preparing and even for inspection; there is no mention of free pages; s. 17(5) provides for the Minister to set fees while s. 40(2)(a) calls for the Commission to set rules regarding the levying of fees. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | 17 (5) The Minister may, by notice in the Gazette— (a) exempt any person or class of persons from paying any fee referred to in this section; (b) determine that any fee referred to in this section is not to exceed a certain maximum amount; (c) determine the manner in which any fee referred to in this section is to be calculated; (d) determine that any fee referred to in this section does not apply to a particular class of information or records. | The minister may set rules exempting people from paying fees but this does not appear to have been done yet. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | 20 An entity may refuse to grant access to information only if the information falls within an exemption provided for in this Part. | Only exceptions in this law apply |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 5 | 2 “trade secret” means information, including a formula, pattern, compilation, programme, device, product, method, technique or process, that is used, or may be used, in business or for any commercial advantage and— (a) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (b) is the subject of reasonable efforts to prevent it from becoming generally known; and (c) the disclosure of which would result in harm or improper benefit.; 6 This Act does not apply to information relating to— (a) deliberations or functions of the Cabinet and its committees; (b) information protected from disclosure in victim friendly courts.; 15, 20-34 (too long to paste here but refer to legislation for detail) | Definition of trade secret does not require effort to have been put into creating it which is normally the case; s. 6 excludes Cabinet and certain court protected information; s. 15 creates unnecessary procedure for refusing to provide health information (already protected by privacy); State economic interests too broad, including list (s. 28); operations of public bodies and draft documents too broad and some do not include a harm test (s. 30); work in responding to request too much (s. 31) |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 2 | 20-34 | Supplied in confidence by a State; list of security and international relations information not harm tested; |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 22 (3) The information officer shall not refuse to provide information in terms of subsection (1) or (2) if that information consists of information—...(c) the disclosure of which would facilitate accountability and transparency of decisions taken by an entity, other than preliminary results of any tests, research, preparations or other investigations conducted for the purpose of developing any policy; or (d) which relates to the expenditure of public funds; or (e) the disclosure of which would reveal misconduct or deception. 25(2) Information may not be refused in terms of subsection (1)(b)(iii)(D) insofar as it consists of information about the general conditions of detention of persons in custody. 28(5) Access to information may not be refused in terms of subsection (3) to the extent that it consists of information—... (c) the disclosure of which would facilitate accountability and transparency of decisions taken by the State or an entity, other than preliminary results of any tests, research, preparations or other investigations conducted for the purpose of developing any policy. | Very limited public interest override for third party information (s. 22) and State economic interests (s. 28), and one element of law enforcement (s. 25) |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 27(3) A record may not be refused in terms of subsection (1)(a)(ii) if it came into existence more than twenty years before the request. 30(3) Access to information may not be refused in terms of subsection (1) if the information came into existence more than twenty years before the request concerned. | Only two references to 20 years, for international relations (27(3)) and operations of public entities (30(3)). |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | Partially | 1 | 2 “third party”, in relation to a request for access to information, means any person, group of persons or organisation other than the person who made the request; 8(7) Where the information requested contains third party information, the applicant may not be given access to such information until any right of the third party to appeal the release of the information has expired or until any appeal lodged by the third party has been finally determined in terms of section 38. 32 (1) An information officer of an entity considering a request for access to information containing information of any third party which may be protected in terms of Part IV must take all reasonable steps to notify the third party concerned in writing of the request. (2) The information officer must notify a third party in terms of subsection (1)— (a) as soon as reasonably possible, but in any event, within seven days of the receipt of the request or the transfer of the request to another entity; and (b) by the fastest means reasonably possible. (3) When informing a third party in terms of subsection (1), the information officer must— (a) state that the information officer is considering a request for information which may include information relating to the third party and describe the content of the information; and (b) furnish the name of the applicant; and (c) describe the protection granted in terms of this Act with respect to the information concerned; and (d) state that the third party may, within seven days of the date of the notification— (i) make written representations to the information officer why the request for access should be refused; or (ii) give written consent for the disclosure of the information to the applicant. 33. (1) A third party notified in terms of section 32(1) of a request for access may, within seven days of the date of the notification— (a) make written representations to the information officer concerned stating why the request should be refused; or (b) give written consent for the disclosure of the information to the applicant concerned. 34(4)If an information officer decides to grant a request for access, the information officer shall give the applicant access to the information concerned after the expiry of seven days of the date of the notice referred to in subsection (1)(b) unless an appeal or an application to court is lodged against the decision within that period. 37(1) If the Secretary is considering an appeal against the refusal of a request for access to information which affects any third party, the Secretary shall notify any such third party concerned of the appeal unless all necessary steps to locate the third party have been unsuccessful. | Definition of third party does not exclude the public entity; rights of third party arise for all third party information, not just when the information was provided by the third party on a confidential basis (unlike the exceptions); disclosure delayed until all third party rights to appeal are exhausted or expired. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 8(8) Notwithstanding subsection (7), an information officer may, as soon as possible, provide information to an applicant after having severed and redacted all relevant third party information in accordance with section 14: Provided that such third party information is immaterial to the information being requested. 14. Where any information is contained in a record or document with information protected in terms of this Act, the protected information shall be severed from the record or document and access to the remainder of the information shall be granted to the applicant. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 8(9) If a request is refused, the notification referred to in subsection (1) or (2) shall— (a) state adequate reasons for the refusal, based on the contents and substance of the request and the information considered by the information officer; and (b) contain a reference to specific provisions of this Act upon which the refusal is based; and (c) inform the applicant of the right to appeal against the decision in terms of section 35. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 2 “Commission” means the Zimbabwe Media Commission established by section 248 of the Constitution; 35(1) An applicant may lodge an appeal to the Commission against any decision of an information officer in terms of this Act. (2) A third party may lodge an appeal to the Commission against a decision of the information officer to grant a request for access to information concerning that third party’s information. | But oversight allocated to Media Commission which is less than ideal |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | A237 of 2013 Const. 1. For the purpose of nominating persons for appointment to any independent Commission, the Committee on Standing Rules and Orders must-- a. advertise the position; b. invite the public to make nominations; c. conduct public interviews of prospective candidates; d. prepare a list of the appropriate number of nominees for appointment; and e. submit the list to the President. 2. A member of an independent Commission may be removed from office only on the ground that the member concerned-- a. is unable to perform the functions of his or her office because of physical or mental incapacity; b. has been grossly incompetent; c. has been guilty of gross misconduct; or d. has become ineligible for appointment to the Commission concerned. 3. The procedure for the removal of judges from office applies to the removal from office of a member of an independent Commission. A 248 of Const. 1. There is a commission to be known as the Zimbabwe Media Commission consisting of-a. a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and b. eight other members appointed by the President from a list of not fewer than twelve nominees submitted by the Committee on Standing Rules and Orders. 2. Members of the Zimbabwe Media Commission must be chosen for their integrity and their competence in administration and their knowledge and understanding of human rights issues and the best practices in media matters. | Significant powers of the President but Parliament also involved; no apparent reference to tenure |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | YES | 2 | 17 Media Commission Act (1) The funds of the Commission shall consist of— (a) such moneys as may be payable to the Commission from moneys appropriated for the purpose by an Act of Parliament. (b) any donations, grants or bequests made by any person or organisation or any government of any country to the Commission: Provided that the Commission shall accept such donations, grants or bequests after it has consulted the Minister; (c) fees, levies and charges for services rendered by the commission to its clients: (d) and any other moneys that vest in or accrue to the Commission, whether in terms of this Act or otherwise. (2) The Commission shall ensure that fees, levies and charges referred to in subsection 1(c)— (a) are prescribed by regulations with the approval of the Minister; (b) uphold, promote and develop freedom of the media. (3) The Commission shall apply its funds to the fulfilment of its functions and shall further observe public finance management principles established in terms of section 298 of the Constitution. 18(1) The Commission shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the activities, funds and property of the Commission, including such particular accounts and records as provided for by the Public Finance Management Act [Chapter 22:19]. (2) As soon as possible after the end of each financial year, the Commission shall prepare and submit to the Minister a statement of accounts in respect of that financial year or in respect of such other period as provided for by the Public Finance Management Act [Chapter 22:19]. (3) Upon receiving the report in terms of subsection 2, The Minister shall within 28 seating days of the Parliament, lay such report before Parliament. 19 (1) The accounts of the Commission shall be audited by the Auditor-General who, for that purpose, shall have the powers and functions conferred on him or her by sections 7 and 8 of the Audit Office Act [Chapter 22:18]. (2) Any person under the authority or supervision of the Commission who refuses to provide the Auditor-General with an explanation or information required by him or her for the purposes of an audit or knowingly provides the Auditor-General with a false explanation or information, or an explanation or information that the person has no grounds for believing to be true, shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (3) Notwithstanding anything to the contrary contained in subsection (1), the Auditor-General may appoint a suitably qualified person to audit the accounts of the Commission and if he or she does so— (a) subsections (1) and (2) shall apply in respect of the person so appointed as if he or she were the Auditor-General; and (b) any expenses incurred by the person so appointed in carrying out the audit shall be met from the funds of the Commission. | Appropriated by parliament and appears to report to it |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | YES | 2 | A236 of the Const. 2. Persons who are members of a political party or organisation on their appointment to an independent Commission must relinquish that membership without delay and in any event within thirty days of their appointment. 3. If a member of an independent Commission-- a. becomes a member of a political party or organisation; or b. having been a member of a political party or organisation on his or her appointment to the commission, fails to relinquish that membership within thirty days of the appointment; he or she ceases immediately to be a member of the Commission concerned; 248(2) of the Const. Members of the Zimbabwe Media Commission must be chosen for their integrity and their competence in administration and their knowledge and understanding of human rights issues and the best practices in media matters. | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 8 Media Commission Act (1) The Commission may on its own motion, investigate or inquire into any action on the part of any person that constitutes, or is likely to result in, a violation of any of the rights protected under section 61 of the Constitution. (2) Any person who is aggrieved by any act in violation of any right protected under section 61 of the Constitution may make a written complaint to the Commission requesting it to investigate the act complained of. (3) A complaint in terms of this section may be brought by a legal representative, a family member or any other person who the Commission considers suitable so to do, acting on behalf of another person who for any reason is unable to do so in his or her own behalf. (4) The Commission shall not investigate, hear or inquire into any complaint— (a) unless the complaint is submitted to it within three years of the date the action complained of occurred: Provided that such investigation, hearing or inquiry shall not relate to any action that occurred before the date of commencement of this Act; or (b) where the action complained of is the subject of any court proceedings or of any investigation, hearing or inquiry by any other independent Commission. 10 Media Commission Act (1) Subject to subsection (7), the Commission may in its discretion conduct an investigation, hearing or inquiry in the form of public or closed proceedings. (2) The principal officer of any entity shall represent the entity in any dealings with the Commission. (3) For the purposes of any investigation, hearing or inquiry in terms of this Act, the powers, rights and privileges of members of the Commission shall be the same as those conferred upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 18 of that Act shall apply, mutatis mutandis, in relation to an inquiry by the Commission under this Act and to a person summoned to give evidence or giving evidence at the inquiry. (4) The Commission may request the assistance of the police during an investigation, hearing or inquiry. (5) In the conduct of any investigation, hearing or inquiry, the Commission shall not be bound by the strict rules of evidence, and may ascertain any relevant fact by any means which it thinks fit subject to the rules of natural justice. (6) The Commission shall afford the person against whom a complaint has been made an adequate opportunity to respond to such allegations. (7) Subject to section 86 (1) and (2) of the Constitution, the Commission may, having regard to any special circumstances of the case based on the grounds of public interest, which grounds shall be recorded in writing, hold any inquiry or hearing in camera and any information disclosed in camera may only be disclosed to any person— (a) without disclosing the identity of any person who gave the information in camera for the purposes of the investigation, hearing or inquiry and for any report to be made thereon; or (b) for the purposes of any proceedings for perjury alleged to have been committed in the course of an investigation, hearing or inquiry. (8) The Minister may, at any stage during the investigation or hearing of or inquiry into a complaint by the Commission, produce to the Commission a certificate in writing signed by him or her to the effect that the disclosure of any information specified in the certificate is, in his or her opinion and subject to section 86(1) and (2) of the Constitution, contrary to the public interest on the grounds that it may prejudice the defence, external relations, internal security or economic interests of the state, whereupon the Commission shall make arrangements for any such information to be given in camera and shall take such other action as may be necessary or expedient to prevent the disclosure of that information. (9) The complainant may, in accordance with the Administrative Justice Act [Chapter 10:28], appeal against a certificate issued in terms of subsection 8, and the court hearing the appeal shall treat any evidence or documentation subject to the certificate in the manner specified in section 8 of that Act. (10) The law relating to the competence or compellability of any person on the grounds of privilege to give evidence answer any questions or produce any record or document before the Commission shall apply. (11) Any member of the Commission or member of staff of the Commission who, without the authority of the Commission, discloses any information, evidence or documentation referred to in subsection (7) or (8), or makes any use of such information for his or her own benefit, shall be guilty of an offence and liable to a fine not exceeding level 12 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment | Does not seem to set out clearly the powers during an investigation; assuming similar powers would apply to access to information investigations but this is not actually provided for |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | Partially | 1 | 12, Media Commission Act (1) If, after conducting an investigation, hearing or inquiry, the Commission is of the opinion that the act complained of constitutes a violation in terms of this Act and that— (a) the act relates to a decision or practice on the part of any person which must be stopped, reversed or altered; or (b) the act should be redressed in such manner as the Commission may order; or (c) any law on which the act or omission was based should be reconsidered; or (d) reasons should have been given for the decision complained against; or (e) any other steps should be taken in relation to the act complained against; the Commission shall make such order or recommendations in the matter as it considers appropriate in the circumstances for the redress of the violation and the order or recommendations shall be accompanied by reasons therefor and by a report of the findings of the Commission. (2) If the report makes any recommendation in terms of subsection (1)(c), a copy of the report shall be sent to the Minister or any other appropriate Minister having regard to the administration of the law concerned. (3) The Commission may, where it considers it necessary, recommend— (a) the payment of compensation to the complainant; or (b) that the complainant seek redress through the courts. (4) The determination of the Commission following the conclusion of any investigation, hearing or inquiry shall be in writing and a copy shall be made available to the parties and any other party considered by the Commission to have an interest in the matter. 13 Enforcement of orders of Commission (1) The Commission shall require the person against whom or which it made any order or recommendation to notify it, within a specified period not exceeding 14 days or such shorter period as the circumstances of the matter may reasonably require where time is of the essence, of the steps, if any, that it proposes to take to give effect to its order or recommendation. (2) If no action has been taken within the time specified in subsection (1), the Commission may, if it thinks fit after considering the comments, if any, made by the parties concerned— (a) notwithstanding subsection (3), apply to the High Court for an appropriate redress of the matter; and (b) cause a special report to be submitted, through the Minister or appropriate Minister, to Parliament on the matter. (3) Subject to this section, the Commission or a complainant may apply to the High Court within three years of the date of an order, and in such form and manner prescribed in rules of the court, for the registration of any order made by the Commission in terms of section 12 and, upon registration, the order may be enforced in the same way as a judgment of the High Court. | Refers to orders or recommendations so presumably the former are binding but then somewhat unclear process for enforcing and seems to have to apply to the court for a new decision; again no clear incorporate of powers to information appeals |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | 38(2) When deciding on the appeal, the Commission may confirm the decision appealed against or substitute a new decision for it. s. 12 Media Commission Act (1) If, after conducting an investigation, hearing or inquiry, the Commission is of the opinion that the act complained of constitutes a violation in terms of this Act and that— (a) the act relates to a decision or practice on the part of any person which must be stopped, reversed or altered; or (b) the act should be redressed in such manner as the Commission may order; or (c) any law on which the act or omission was based should be reconsidered; or (d) reasons should have been given for the decision complained against; or (e) any other steps should be taken in relation to the act complained against; the Commission shall make such order or recommendations in the matter as it considers appropriate in the circumstances for the redress of the violation and the order or recommendations shall be accompanied by reasons therefor and by a report of the findings of the Commission. (2) If the report makes any recommendation in terms of subsection (1)(c), a copy of the report shall be sent to the Minister or any other appropriate Minister having regard to the administration of the law concerned. (3) The Commission may, where it considers it necessary, recommend— (a) the payment of compensation to the complainant; or (b) that the complainant seek redress through the courts. (4) The determination of the Commission following the conclusion of any investigation, hearing or inquiry shall be in writing and a copy shall be made available to the parties and any other party considered by the Commission to have an interest in the matter. | General reference to substituting a new decision but powers not clearly set out; again broad general powers under the Media Commission Act but never stated that these apply to information appeals |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | Partially | 1 | s. 16 Media Commission Act (1) Any person who is aggrieved at any order or finding of the Commission in terms of this Act may appeal to the High Court within 30 days of the date of the order, recommendation or finding concerned. (2) The High Court shall not set aside any order or finding by reason only of any informality in the proceedings of the Commission which did not in any way prejudice the appellant in any proceedings before the Commission. | Clear right to appeal media issues; not clear if carries over to information appeals |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 35 (1) An applicant may lodge an appeal to the Commission against any decision of an information officer in terms of this Act. (2) A third party may lodge an appeal to the Commission against a decision of the information officer to grant a request for access to information concerning that third party’s information. | Only right to appeal against decisions but not failures that did not take place via a decision (such as a failure to respond within the time limits) |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 36 (1) An appeal shall— (a) be lodged in the prescribed form and within thirty days of the date of notification of the decision appealed against; and (b) be delivered or sent to the Commission; and (c) identify the subject of the appeal and state the reasons for the appeal and may include any other relevant information known to the appellant; and (d) if, in addition to a written response, the appellant wishes to be informed of the decision on the appeal in any other manner, provide the necessary details to that effect; and (e) if applicable, be accompanied by the prescribed fee referred to in subsection (3); and (f) specify the appellant’s address and phone number. (2) If— (a) an appeal is lodged after the expiry of the period referred to in subsection (1), the Secretary of the Commission may, on good cause shown, allow the late lodging of the appeal; or (b) the Secretary of the Commission disallows the late lodging of the appeal, the Secretary shall give notice of that decision to the appellant. (3) An appeal against the refusal of a request for access to information shall be accompanied by the prescribed fee, if any and if a fee is payable, the decision on the appeal may be deferred until such fee is paid. (4) As soon as reasonably possible, but in any event within ten working days of the date of the lodging of an appeal, an information officer shall submit to the Secretary of the Commission the application for access to information together with the officer’s reasons for refusing access. (5) The Commission shall prescribe expedited procedures for the hearing of appeals made in the circumstances referred to in section 8(10). See also ss. 37 and 38. | Where a third party lodges the appeal, the law only refers to notifying the applicant and not his/her rights such as to make representations |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | Partially | 0 | N/A | Not mentioned |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | YES | 2 | 39 No criminal or civil liability shall attach to any person with respect to anything done or omitted to be done in good faith and without gross negligence in the exercise or performance or purported exercise or performance of any function in terms of this Act. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | Partially | 1 | 2 “responsible person” means the principal officer or one of several officers of— (a) a public entity; (b) a public commercial entity; whose duty it is to create, keep, organise and maintain information on behalf of the entity; | Defines "responsible person" and refers frequently to "information officer" but no direct obligation on public entities to appoint one |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned even though presumably the Commission would do this |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 3 The objects of this Act are— … (c) to promote transparency, accountability and effective governance by taking any steps necessary to— (i) educate or inform the public of their rights in terms of this Act; | Refers to educating the public as an objective but no real obligation on anyone actually to do this |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | 18 Every responsible person or holder of a statutory office must annually submit to the Commission a report stating the number of— (a) requests for access to information received; (b) requests for access granted in full; (c) requests for access refused in full or partially and the number of times a specified provision of this Act was relied on to refuse access in full or partially; (d) cases in which the periods stipulated in section 8(1) were extended in terms of section 9; (e) the number of times that a request for access was regarded as having been refused in terms of section 10; (f) such other matters as may be prescribed. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | A250 of Const. In addition to the report it is required to submit in terms of section 323, the Zimbabwe Media Commission may, through the appropriate Minister, submit reports to Parliament on particular matters relating to the media which, in the Commission's opinion, should be brought to the attention of Parliament. | Discretionary and does not refer to access to information. |
