2004 freedominfo.org Global Survey Results - Zimbabwe
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

The Access to Information and Privacy Act (AIPPA) was signed by President Mugabe in February 2002. (1) While the title refers to FOI and privacy, the main thrust of the law is to give the government extensive powers to control the media by requiring the registration of journalists and prohibiting the "abuse of free expression."

On paper, AIPPA also creates a right of access by any citizen or resident (but not an unregistered media agency or foreign government) to records held by a public body that are generally similar to other FOI laws around the world. There has only been one reported instance of the access to information provision being used by the opposition party. (2)

Under the rules, the body must respond to a request in thirty days. There are exemptions for Cabinet documents and deliberations of local government bodies, advice given to public bodies, client-attorney privilege, law-enforcement proceedings, national security, intergovernmental relations, public safety, commercial information, and privacy. There is a public-interest disclosure provision that allows the government to release information even if there is no request for a variety of reasons, including matters that threaten public order; the prevention, detection or suppression of crime; and national security. It also includes provisions on access and use of personal information.

The Act created a Media and Information Commission which has mostly been used to restrict freedom of expression. Individuals can ask the Commission to review the decisions or actions of an agency. The Commission can conduct inquiries into the Act and order release of documents. Appeals can be made to an administrative court.

The controversial law was opposed by many governments, NGOs, media organizations and the UN Special Rapporteur on Freedom of Opinion and Expression because of the strong restrictions it places on freedom of expression. The act's primary function has been to repress journalists and newspapers opposed to President Mugabe. The Supreme Court ruled in September 2003 that the Daily News, the nation's only independent newspaper, must register with the Media Commission and it was shut down by police for failing to do so. A number of journalists have also been arrested under the act (many of whom were jailed for the violations), including one from the UK Guardian, who was later deported.

Notes

1. Access to Information and Protection of Privacy Act (AIPPA), 15th March 2002 (General Notice 116/2002). Amended in June 2003 by the Access to Information and protection of Privacy Amendment Act, 2003, No. 5 of 2003 http://www.kubatana.net/html/archive/legisl/030611aippaamd.asp?sector=LEGISL

2. MDC Demands Forex Receipts From RBZ, Financial Gazette (Harare), June 13, 2002.