Access to Information

In the previous article I discussed the right to freedom of expression as found in section 61 of the constitution, this right, according to section 61(1)(a) includes the “freedom to seek …. information.” Section 62 of the constitution continues with a related theme by guaranteeing the right to access information.

What makes access to information so important that it had to be enshrined in our constitution? Information has always played an influential role in the rise and fall of not only individuals but States as well. It is widely believed that the Allies were able to gain the upper hand in World War 2 after Alan Turing and his team of mathematicians had successfully built a machine that was able to decipher intercepted German communications. For the first time during the war, the Allies were able to make use of information gained in this way to thwart enemy plans and ultimately win the war. Today the ability to access enemy information remains an integral part of any battle plans.

Although, you and I are not likely to step into a war zone anytime soon, being able to access information is equally important for the successful carrying out of day-to-day activities. Some examples of accessing information are being able to get a weather forecast for the day, or to tune in on the radio to hear a traffic report that helps you plan your route to work, or getting information about how your favourite team played over the weekend. Imagine how harder and frustrating to it would be to live without access to information and only finding out about the facts of an event or situation when it is happening or after the relevant events have unfolded.

The examples of how we access information given in the preceding lines might not have universal consequences but the point of this article is to show that access to information that is in the public interest is important in the setting up and maintaining of any democratic State. For example, our constitution in section 194(1) (h) deals with the basic values and principles governing public administration, and says that transparency must be fostered by providing the public with timely, accessible, and accurate information.

Therefore, for information to be useful it must not only be accessible, it must above all be accurate. Anything besides accurate information is deception that is usually employed to achieve less than democratic goals. Access to information is so important that in section 62(1), the constitution has extended this right to access information to all Zimbabwean residents, citizens, juristic persons, and the media. These entities have a right to access information even when it is held by the State or by any institution or agency of government at every level.

Democracy is built on the belief that the State is run according to the dictates of the majority, that government officials are accountable to the people that elected them into public office. This accountability would not be possible if there was no access to information on how elected officials are carrying out their mandates. How do the masses evaluate a politician’s activities in office if there is no possibility of knowing what those activities were? Without access to information, democracy then becomes a mockery, an exercise that is as futile as playing darts blindfolded. On the other hand, where there is healthy access to information the people can easily follow up on the activities of the government. Where there is failure to adhere to democratic principles and human rights practice, the electorate can hold the government accountable; and activists can use information as evidence to call for reform in the way the State is run. Section 62(2) states that access to information can also be a useful tool that can be used to exercise or protect a right.

Sometimes during the course of its functions and activities, the government will collect data on individuals, for example, their names, dates of birth, and marital statuses. In such instances, section 62(3) gives every person the right to ensure that his or her information is captured and recorded correctly, a person may in the pursuit of this right, ask for the correction of the misleading or erroneous information. This right can be exercised against the State or any institution or agency of the government at any level, and only in relation to information that relates to that person.

Section 62(4) says that legislation must be enacted to give effect to the right to access information. The Access to Information and Protection of Privacy Act does a bit to serve as the legislation fit for this purpose but with the introduction of the current constitution, AIPPA is need of serious revision so as to make sure It brings the constitutional provisions to life. Like every other right, the right to access information must be practised in moderation and balanced with rights such as the right to privacy. Thus section 62(4) goes on to say that the right to access information may be restricted 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.

Kuda Hove is a Legal Officer at Veritas, he writes in his personal capacity. Email: kudathove@gmail.com