An Analysis of the Access to Information Campaign

Undertaken in Zimbabwe
by the Media Institute of Southern Africa (MISA)
A Research Study done by Earnest Mudzengi on behalf of MISA-Zimbabwe
June 2!
"
! I"#$%&UC#I%"
As African countries struggle to transform #olitical inde#endence into a more meaningful
state of economic and social emanci#ation$ access to information has emerged as one of
the %ey factors in coming u# with effecti&e and far-reaching #o&erty reduction initiati&es'
It is against this bac%ground that the Media Institute of Southern Africa (MISA) launched
the AS* cam#aign in +otswana$ ,esotho$ Malawi$ -amibia and .anzania' .he ob/ecti&e
of this cam#aign is to call for regional go&ernments to introduce laws and #olicy
framewor%s that facilitate access to information and entrench the right of access to
information in their countries0 constitutions'
1hile the AS* cam#aign was s#ecifically targeted at the mentioned fi&e countries$ its
ob/ecti&es are also rele&ant to Zimbabwe$ where the local cha#ter of MISA has been
ad&ocating for a constitutional and legislati&e framewor% that #ro&ides for and guarantees
the right to access information in line with the full realization of media and socio-
economic rights' .his Zimbabwean ad&ocacy for the full en/oyment of the right of access
to information is the focus of this a##raisal$ which is for the #ur#ose of assessing the
AS* cam#aign and as a result thereof assisting MISA forge new or strengthen e2istent
ad&ocacy strategies around the current legislati&e and #olicy framewor%
.he a##raisal starts on the basis of an assessment of Zimbabwe0s contem#orary right to
access information legislation and #olicy with a &iew to ascertaining whether these are in
line with best #ractices for freedom of e2#ression as established by International
3on&entions' In this res#ect$ there will be a re&iew of Zimbabwe0s constitutional and
legislati&e framewor% with a &iew to ascertaining whether it is in line with democratic
norms in which the #romotion the right to access information is #art of the broader goal
to foster an unfettered en/oyment of socio-economic rights by the citizenry at national
and global le&els' In the interest of ca#turing the best #ossible #ractices$ this re&iew will
include a com#arati&e analysis of the Zimbabwean scenario with that of other
/urisdictions'
.he analysis on the e2isting constitutional$ legislati&e and #olicy framewor% will be
followed by a critical loo% at the e2tent to which the strategies being em#loyed by MISA-
Zimbabwe are effecti&e in ensuring that citizens are aware of the access to information
2
legislation and whether they are able to use this legislation to im#ro&e their socio-
economic status and reduce #o&erty'
'! (AC)*$%U"& A"& C%"#+,#UA- I".%$MA#I%"
In the interest of establishing the rele&ance of this a##raisal$ it is necessary that it be
grounded in Zimbabwe0s #olitico and socio-economic conte2t' .he country is in a
dee#ening socio-economic crisis that is$ among other things characterized by the
following4
An un#recedented unem#loyment le&el of close to 56
A debilitating inflation rate of o&er "6 that is s%y roc%eting the cost of li&ing
for the ma/ority of #eo#le
Shortage and in affordability of basic commodities such as bread$ sugar$ coo%ing
oil$ maize meal$ soa#$ margarine$ salt and mil%'
An acute shortage of fuel which has se&erely affected the #ri&ate and #ublic
trans#ort sectors
,ow le&els of foreign currency
A health deli&ery system which is close to colla#se
A de&astating 7I89AI:S infection le&el of close to 2;6 of the acti&e #o#ulation
and which has decimated families$ lea&ing thousands of or#hans
A state of homelessness and destitution for close to < Zimbabweans
following the state-sanctioned Operation Murambatsvina that saw homes and
informal businesses being destroyed in May 2;'
"

.his socio-economic conte2t #oints to an acute state of #o&erty that can best be addressed
by a holistic a##roach towards restoring the #eo#le0s social and economic dignity'
3onsidering that the #eo#le0s right to access information that is rele&ant to their day to
day sur&i&al needs and chores$ it is necessary that there be an entrenchment and
u#holding of the right to access information in the country0s constitutional and #olicy
framewor%'
/! %(0+C#I1+S %. #2+ A"A-3SIS!
.he ob/ecti&es of this assessment are #resented as follows4
a' .o do a critical analysis of Zimbabwe0s right to access information legislation
with a &iew to ascertaining whether this right is lin%ed with #o&erty reduction
strategies and issues
b' .o e&aluate MISA-Zimbabwe0s lobbying and ad&ocacy strategies with a &iew to
establishing initiati&es that are effecti&e in the cam#aign for the establishment of a
#olicy framewor% that u#holds the right to access information among other socio-
economic rights
"
See the Amnesty International Re#ort 2!
=
c' .o establish whether #eo#le are aware of the e2istence or need for access to
information legislation and if they are able to utilize such legislation to im#ro&e
their socio-economic situation and reduce #o&erty
d' .o come u# with recommendations for the way forward in #ushing for the
enactment of access to information (AI) constitutional #ro&isions$ and the
enactment of stand alone AI legislation'
4! M+#2%&%-%*3
1hile some sna#shot sur&eys were utilized in in&estigating certain as#ects of this study$
>ualitati&e inter&iews and document analysis were the ma/or forms of data collection'
4!! &ocument Analysis
Some time was s#ent in the analysis of #rimary and secondary documents relating to the
field of analysis' ?rimary documents included the 3onstitution of Zimbabwe$ Acts of
?arliament go&erning the media in Zimbabwe$ legislati&e framewor%s within other
SA:3 countries as well as MISA-Zimbabwe #rogramme re#orts' Such sources were
e2amined with a &iew to establishing the e2tent to which they #ro&ide for the #eo#le0s
right to access information' .hese documents were also e2amined in order to establish
whether they relate the right of access to information to socio-economic rights in general
and #o&erty reduction initiati&es in #articular' .he documents were consulted and
e2amined on the basis of the ob/ecti&es and #rinci#les of #romoting the citizenry0s right
to access information in line with meeting the #eo#le0s socio-economic needs and
#o&erty reduction' .he ob/ecti&es and #rinci#les were based on the understanding of the
information landsca#e as a #ublic s#here #latform through which #eo#le from different
socio-economic segments are able to en/oy their #olitical$ social and economic rights'
2

Secondary documents that were utilized in line with the abo&e-illustrated sco#e include
te2tboo%s$ commentaries$ research #a#ers and #eriodicals' Such sources were used for the
#ur#ose of inter#reting$ describing and e2#laining the e2isting constitutional and
legislati&e framewor% #ertaining to the right to access information' .hey were also
utilized in the com#arison of Zimbabwe0s AI constitutional and legislati&e framewor%
with that of other /urisdictions' Secondary sources also came in handy with regard to the
drawing of theoretical and #ractical lin%ages between freedom to access information and
the #o&erty eradication cause' MISA #ublications such as Freepress, So is this
Democracy and others were #articularly useful in #ro&iding general %nowledge and
insights into MISA0s cam#aign initiati&es for the institutionalization of A.I #olicy
framewor%s that #romote the en/oyment of the citizenry0s socio-economic rights'
4!'! 5ualitati6e Inter6iews
2
.he ?ublic s#here conce#t that has been referred to here has been ado#ted from the original ?ublic S#here
conce#t that was es#oused by Jugern 7abermus
@
Aualitati&e inter&iews were carried with selected grou#s of #eo#le for the #ur#ose
of drawing lessons from their &iews on issues rele&ant to this a##raisal' Inter&iewees
were selected from a broad category of informants drawn from the MISA (Zimbabwe)
secretariat$ members of the #ublic$ /ournalists$ ci&ic society and the academia'
4!/! Snapshot Sur6eys
Small-scale sur&eys were done in selected areas to establish the awareness among
members of the #ublic on the e2istence of AI legislation and its im#lication on the
e2ercise of their socio-economic rights' .he sur&eys were also for the #ur#ose of
establishing the effecti&eness of ad&ocacy and lobby initiati&es aimed at the
institutionalization of AI legislation in line with socio-economic rights and general
#o&erty eradication'
4!4! 7olicy Analysis
.he gathering and analysis of data was conducted from the &antage #oint of policy
analysis$ an a##lied social science disci#line that uses multi#le methods of in>uiry for the
#ur#oses of transforming #olicy-rele&ant information that may be used in #olitical and
socio-economic settings to resol&e #olicy #roblems'
=
.he integrated policy analysis
method was the #referred form of analysis for this a##raisal' .his form of analysis as
:unn #oints out is a com#rehensi&e form of analysis combining the transformation of
information both before and after #olicy decisions ha&e been ta%en' As Mazango
@
has
obser&ed$ integrated #olicy analysis is continuous$ iterati&e and unlimited$ lin%ing
retros#ecti&e$ contem#orary and future #hases of #olicy in>uiry$ ad&ocacy and
formulation' In carrying out an analysis of AI legislation and #olicies in Zimbabwe$ this
in>uiry focuses on #olicy decisions that ha&e already been ta%en with &iew to refining
them in the interest of ad&ocating for the sha#ing of future #olicies that are necessary for
the betterment of society'
.he right of access to information is central to the e2ercise of socio-economic rights in as
much as it #romotes and fosters the &alues and #rinci#les of trans#arency$ accountability$
o#enness and informed #artici#ation in #olitical and socio-economic matters' It is with
res#ect to the e2ercise of the fundamental right of access to information that the
Zimbabwean constitutional$ legislati&e and #olicy framewor% is going to be measured'
.his is going to be done on the best #ractice understanding that information is a basic
right and a basic need for all #eo#le and that it is only with information that citizens can
fully #artici#ate in a democracy and acti&ely e2ercise their human rights'
;

=
1 :unn$ ?ublic ?olicy Analysis4 An Introduction$ ?atience 7all$ "B5"
@
E Mazango$ .elecommunications sector Reform4 ,iberalisation and Cni&ersal ser&ice ?olicy in
Zimbabwe$ MA .hesis$ Cni&ersity of Dslo$ "BB5
;
, 3hi#are$ 2@$ Media, Freedom and Development: What is the link?, Eree#ress May 2@
;
In line with the stated #olicy analysis a##roach$ the o&erriding #remise for the
measurement of the rele&ance and effecti&eness of Zimbabwe AI #olicy regime is that
information$ and by im#lication the right to access information$ is the %ey to the system
of distributi&e /ustice in which the socio-economic de&elo#ment of citizens is held
su#reme in matters of go&ernance' +eing guided by this #remise$ this in>uiry mo&es
ahead to measure Zimbabwe0s constitutional and legislati&e framewor% to establish
whether it #ro&ides for a #olitical o#enness that is centered on the institutionalization of
information channels between citizens and officials$ as o##osed to #ersonal channels$
which em#ower s#ecial interests and #ro&ide o##ortunities for corru#tion'
!

8! MA0%$ .I"&I"*S %" ZIM(A(9+:S C%"S#I#U#I%"A- ; -+*A-
.$AM+9%$) 6is<=<6is +$,AM7-+S .$%M 9I#2I" SA&C!
.he freedom of e2#ression and the right to access information$ being the lifeblood of any
democratic society must be at the core of any democratic constitution' .his brings to fore
a number of critical >uestions on the suitability of the Zimbabwean constitution to be
counted among democratic constitutions4 :oes the constitution guarantee the freedom of
e2#ression$ does it guarantee #ress freedom and most im#ortantly does it guarantee the
right of access to information within the conte2t of u#holding the citizenry0s socio-
economic rightsF
A critical loo% at the constitution of Zimbabwe #ro&es that it does not guarantee the right
for citizens to access information' 1hile Section 2 of the constitution states that
e&eryone has the right to en/oy the freedom of e2#ression$ there is no s#ecific
constitutional guarantee of access to information held by go&ernment de#artments and
other entities whose o#erations and e2istence ha&e a bearing on the citizenry0s socio-
economic welfare' In a scenario in which the indi&idual citizen0s s access to information
is not guaranteed in the constitution$ the remedy may #artly lie in the fact that citizens
may access this fundamental right through the media' 7owe&er$ the constitution of
Zimbabwe does not$ e2#licitly guarantee the freedom of the media' Media freedom is
only guaranteed &aguely and is sub/ect to cri##ling limitations' Section 2 of the
Zimbabwean constitution$ which relates to the freedom of e2#ression states4
E2ce#t with his own consent or by way of #arental disci#line$ no #erson shall be
hindered in the en/oyment of his freedom of e2#ression$ that is to say freedom to
hold o#inions and to recei&e and im#art ideas and information without interference
and freedom from interference with his corres#ondence'
<

.his freedom of e2#ression and the media that is /ealously conferred is sub/ected to
limitations that almost render it una&ailable' A minefield of limitations to the freedom of
e2#ression is e2#licitly laid lout in subsection 2 of section 2" of the constitution$ which
#ro&ides4
-othing contained or done under the authority of any law shall be held in contra&ention of
subsection (") to the e2tent that the law in >uestion ma%es #ro&ision-

!
: +rautigam$ Governance and conomy: ! "evie#$ 1ashington :'3'$ .he 1orld +an%$ "BB"
<
See section 2 of the 3onstitution of Zimbabwe
!
a) in the interest of defence$ #ublic safety$ #ublic order$ the economic interests of the
state$ #ublic morality or #ublic healthG
b) for the #ur#ose of-
i) #rotecting the re#utations$ rights and freedoms of other #ersons or the
#ri&ate li&es of #ersons concerned with legal #roceedingsG
ii) #re&enting the disclosure of information recei&ed in confidence
iii) maintaining the authority and inde#endence of the courts or tribunals
or ?arliamentG
i&) regulating the technical administration of$ technical o#eration or general
o#eration of tele#hony$ telegra#hy$ #osts$ wireless broadcasting or
tele&ision or creating or regulating any mono#oly in these fieldsG
&) in the case of corres#ondence$ #re&enting the unlawful dis#atch therewith
of other matterG

c) that im#oses restrictions on #ublic officersG
e2ce#t so far as that #ro&ision or$ as the case may be$ the thing done under their authority is
shown not to be reasonably /ustified in a democratic society'
1hile the abo&e cited e2ce#tion might be deemed to be in line with international norms
and standards$ it is notable that the e2ce#tions are &ery widely drawn and broader than
those #ermitted under international law instruments'
5

.his ma%es the constitution of Zimbabwe different from constitutions of some countries
in the Southern African :e&elo#ment 3ommunity (SA:3) region$ which e2#licitly
guarantee the right of access to information and freedom of the media' A case in #oint is
that of the South African constitution' Among other #ro&isions that guarantee the
en/oyment of socio-economic rights$ Section =2 of the South African constitution
guarantees citizens the right of access to information held by the state and other #ersons
or institutions' Section "! of South Africa0s constitution also clearly #ro&ides for the
freedom of e2#ression and the media as >uoted below4
E&eryone has the right to freedom of e2#ression$ which includes
a' freedom of the #ress and other mediaG
b' freedom to recei&e or im#art information or ideasG
c' freedom of artistic creati&ityG and
d' academic freedom and freedom of scientific research'
3ontrary to the situation in Zimbabwe$ South African citizens can therefore en/oy access
to information through constitutional #ro&isions that guarantee indi&idual citizens the
right to access information' Access to information can also be through the #ress and other
media whose freedom is e2#licitly guaranteed in the constitution' In -amibia there might
5
R ,ouw $ $ndue "estriction: %a#s &mpacting on Media Freedom in the S!D'$ Media Institute of
Southern Africa$ 2@$ #age ""<
<
be a number of undue restrictions but the constitution at least #ro&ides for and guarantees
media freedom' Article 2" (I) of the -amibian constitution e2#ressly states that>
All #ersons shall ha&e the right to4
a) freedom of s#eech and e2#ression$ which shall include the freedom of the #ress and #other media'
.he same can be said of the Malawian constitution whose section =! #ro&ides that4
.he #ress shall ha&e the right to re#ort and #ublish freely$ within Malawi and abroad$ and to be
accorded the fullest #ossible facilities for access to #ublic information'
1hat is also of interest is that the Malawian constitution fully embraces international law
norms on derogations from fundamental rights and freedoms$ re>uiring that restrictions
must be #rescribed by law and should be reasonable and /ustifiable in a democratic
society'
B
.he constitution of Mozambi>ue also s#ecifically #rotects the right to
information as an as#ect of freedom of e2#ression' Article <@ of the constitution states4
HAll citizens ha&e the right to freedom of e2#ression and to freedom of
the #ress as well as the right to informationG Ereedom of e2#ression$
which includes the right to disseminate ones own o#inion by all legal
means$ and the right to information shall not be limited by censorshi#G
freedom of the #ress shall include$ in #articular$ the freedom of
/ournalistic e2#ression and creati&ity$ access to sources of information$
#rotection of #rofessional inde#endence and confidentiality$ and the
right to #ublish news#a#ers and other #ublicationsIJ
.his lea&es Zimbabwe in the same category with regional countries such as Swaziland
.anzania$ ,esotho and +otswana in ha&ing constitutions that do not e2#licitly guarantee
the freedom of the media and the right of access to information' 1hile other countries do
not ha&e constitutional clauses that s#ecifically #ro&ide for the right of access to
information$ their constitutions are at least e2#licit in #ro&iding for the freedom of the
media'
8!! &+"3I"* ACC+SS U"&+$ #2+ 7$+#+,# %. *$A"#I"* ACC+SS>
#2+ CAS+ %. #2+ ACC+SS #% I".%$MA#I%" A"& 7$%#+C#I%" %.
7$I1AC3 AC# (AII7A)
Zimbabwean go&ernment officials claim that the country has stand-alone legislation that
#ro&ides for the right of access to information in form of AI??A' .his law was enacted in
22 at the height of the 22 #residential election cam#aign in which the ruling ZA-C
(?E) #arty was facing a stern challenge from the o##osition Mo&ement for :emocratic
3hange (M:3)'
B
R ,ouw$ o#cit
5
AI??A grants accredited /ournalists the right to access to information that is held by
#ublic institutions' .he information can be #ro&ided u#on the #resentation of a written
re>uest and #ayment of a fee for the re>uired information' As sti#ulated in section ! of
AI??A$ the written re>uest for information must #ro&ide ade>uate and #recise details that
enable the #ublic body from which the information is being re>uested to locate the
information' In cases in which the re>uested information is granted$ those that would
ha&e re>uested for the information must be gi&en an o##ortunity to e2amine the
information or must be #ro&ided with a co#y of the information if it can be re#roduced'
1here a co#y cannot be #ro&ided$ those re>uesting for information must be gi&en an
o##ortunity to ta%e notes from re>uested records'
It is sti#ulated that the #ublic body from which information is re>uested must res#ond
within a ma2imum of thirty (=) days' .here is$ howe&er$ #ro&ision for this #eriod to be
e2tended for a further thirty days or longer with res#ect to circumstances that are
#rescribed in the Act' It is also notable that not all information can be accessed through
AI??A' As obser&ed by Eeltoe (2;)$ there are &arious ty#es of information that either
must not be disclosed or in res#ect of which heads of #ublic bodies ha&e discretion on
whether to or not to disclose' .he broad category of such classified information includes
the following4
deliberations of 3abinet and local go&ernment bodies
ad&ice relating to #olicy
information relating to client-attorney #ri&ilege
information whose disclosure will be harmful to law enforcement #rocess and
national security
information relating to non-go&ernmental relations or negotiations
information relating to the financial or economic interests of a #ublic body or the
State
research information
information relating to #ersonal safety
information relating to business interests of a third #arty
information relating to #ersonal #ri&acy
In Section 25 of AI??A$ there is a sti#ulation of information that must be disclosed in
#ublic interest' 1ith res#ect to such information$ the Act sti#ulates that it must be
B
released to an a##licant or members of the #ublic affected$ whether or not they ha&e
re>uested the information' Information that is rele&ant to this res#ect includes4
the ris% of significant harm to the health or safety of members of the #ublicG
the ris% of significant harm to the en&ironment
any matter that threatens national securityG any matter that is in the interest of
#ublic security or #ublic order$ including any threat to #ublic security or #ublic
orderG but this must only be disclosed to the rele&ant law enforcement authoritiesG
any matter that assists in the #re&ention$ detection or su##ression of crime
If the head of the #ublic body refuses access to information re>uested with res#ect
Section 25 of AI??A$ the #erson re>uesting the information or an interested third #art has
a right to re>uest the Media 3ommission to re&iew the decision of withholding
information'
A bird0s eye &iew of AI??A$ es#ecially its Section 25 ma%es it a##ear to be a genuine
A.I legislation that is moti&ated by the need to let citizens ha&e liberty in accessing
information that is necessary for the #romotion and u#holding of their socio-economic
rights' 7owe&er$ as seen from another angle$ the im#erati&e for the allowance of a liberal
accessibility of information for the enhancement of the citizenry0s welfare is howe&er$
seemingly washed away by inherent contradictions within AI??A' An official with MISA
Zimbabwe
"
is of the o#inion that there is no way AI??A can #romote socio-economic
rights since it was enacted in a #olitical conte2t in which the ruling go&ernment was bent
on im#osing stringent controls on free information flow'
Similar sentiments ha&e been echoed by the Zimbabwe 3oalition on :ebt and
:e&elo#ment (ZIM3D::) whose information officer has obser&ed that it is difficult for
AI??A to be used for the ad&ancement of socio-economic rights since it is a tool for
re#ressi&e control4
because of its o&erriding ob/ecti&e to gi&e the go&ernment e2tensi&e
#owers to control the media KAI??AL is seen as irrele&ant and therefore unused by
organizations see%ing access to information to ad&ance socio- economic rights'
""
As ZIM3D:: further obser&es$ AI??A$ because of its onerous #ro&isions$ has been
&iewed as a #iece of legislation that has submerged the right of access to information as
an elite right' Dne of the clauses of AI??A that has been cited in this regard is one
sti#ulating those see%ing information from #ublic bodies to obtain the information u#on
#aying a fee' .his as ZIM3D:: obser&es amounts to ma%ing information an e2#ensi&e
commodity'
"2

"
Inter&iew with Rashweat Mu%undu$ MISA (Zimbabwe)$ 29!92!
""
Simbiso Marimbe$ ZIM3D:: Information DfficerI cit in Memeza$ 2!
"2
Ibid
"
Dther #ro&isions u#on which AI??A has been found wanting relate to the creation of the
Media and Information 3ommission (MI3) and its com#osition' As 1ilbert Mandinde$
the ,egal Dfficer of MISA (Zimbabwe) obser&es$ the recent determination in which the
current MI3 3hair#erson was barred by the Zimbabwean 7igh 3ourt from #residing o&er
the case in which the banned Daily (e#s is see%ing to be licensed #oints to the
fundamental flaws within AI??A' It has also been obser&ed that the licensing of
/ournalists that is a re>uirement within AI??A is not an innocent regulatory measure but
a #rete2t through which to sift out media #ractitioners and organizations that are deemed
to be enemies of the ruling elite'
"=
.his idea seems to ma%e sense when one considers that
media organizations that ha&e been closed through AI??A were either critical of
go&ernment #olicy' A case in #oint is that of the Daily (e#s and that of the )ribune
whose #ublisher *indness ?aradza$ a former Member of ?arliament o#enly criticized
AI??A in the august house' Another case is that of the +ulawayo based Weekly )imes
that was also critical of go&ernment #olicy and could not li&e for long before being
closed down by the MI3'
8!!! *-A$I"* .AI-U$+S #% ACC+SS I".%$MA#I%" #2$%U*2 AI77A
As if to confirm the criticism that AI??A is not there to #romote but to #re&ent access to
information$ some citizens that ha&e tried to access information through this #iece of
legislation ha&e been met with frustrations' A good e2am#le is that of Mwele%eowa -on
Mo&ernmental Drganisation (M1E-MD)$ a de&elo#ment oriented -on go&ernmental
organisation (-MD)$ whose main thrust is strengthen the ca#acities of -MDs in Eastern
and Southern Africa to articulate and im#lement a de&elo#ment agenda rooted in African
e2#erience and analysis' As obser&ed by Memeza o#cit$ M1E-MD has faced the
#redicament of an organization that has attem#ted and failed to access information in state
hands' Erom its e2#eriences with the bureaucratic bungling and minefields of information
in access that litter the AI??A route$ M1E-MD has been able to ma%e a distinction
between instances where the information is readily made a&ailableG where access is
denied and where the go&ernment de#artment concerned does not ha&e the administrati&e
wherewithal to ma%e a&ailable information e&en where it can' It is the last instance that
M1E-MD identifies as featuring #rominently in attem#ts to access information' .his
instance- where a go&ernment de#artment does not ha&e the administrati&e ca#acity to
ma%e information a&ailable leads to mute refusals' In other words$ the information is out
there$ and the official struggles to get hold of it' .his$ in the eyes of the re>uester$
amounts to a refusal to furnish the re>uested information' M1E-MD characterizes this
as one of the #roblems that continues to &e2 e&en those #ublic authorities that are willing
to ma%e a&ailable unclassified information' In addition to mute refusals$ there ha&e been
instances where there ha&e been outright refusals to grant information' .his has been
#articularly the case in the areas of macro-economic #olicy formulation'
"@
.al%ing of accessing information through AI??A it is #erha#s interesting to note that
there has only been one re#orted instance in which the access to information #ro&ision
"=
Inter&iew with ?romise M%wananzi$ ?resident Zimbabwe -ational Students Cnion (ZI-ASC)$
2"9!92!
"@
Memeza$ o#cit
""
has been successfully used in Zimbabwe' .his was by the by the o##osition #olitical
#arty$ the Mo&ement for :emocratic 3hange (M:3) when it com#elled the Reser&e
+an% of Zimbabwe (R+Z) to a&ail foreign e2change recei#ts for #ublic scrutiny'
";
.his
#oints to a scenario in which a #iece of legislation that is meant to #romote access to
information is largely not being used for the #ur#ose that goes with its name' 3onsidering
that AI??A has been utilized more in closing down news#a#ers$ it is not sur#rising that it
has largely been &iewed in dissonance as an tool for go&ernment to control the free flow
of information rather than as an a&enue through which citizens can en/oy and realize their
socio-economic rights' A sna#shot sur&ey conducted among security guards in the
A&enues and Eastlea areas of 7arare #ointed to how most #eo#le ha&e some &ague idea
of AI??A as one of the re#ressi&e laws in the country but do not %now what is contained
in AI??A' Eifteen security guards were consulted and ten of them said they ha&e only
heard of AI??A being denounced by the o##osition M:3 leaders in their addresses at
rallies' All the security guards inter&iewed showed no %nowledge of #ro&isions in AI??A
that guarantee them the right to access information from #ublic bodies'
8!!'! C%M7A$I"* AI77A 9I#2 S%U#2 A.$ICA:S 7$%M%#I%" %. ACC+SS
7$%M%2#I%" %. ACC+SS #% I".%$MA#I%" AC# (7AIA)
In a situation in which other regional countries are still to come u# with legislation and
#olicies that u#hold the right of access to information$ South Africa has emerged as the
most formidable regional role model from which to learn' It is for this reason that
countries such as Malawi ha&e modeled their #ro#osed AI legislation in line with South
Africa0s ?romotion of Access to Information Act (?AIA) of 2' ?AIA has been
obser&ed to #ro&ide clear and detailed #rocedures for accessing a &ery broad range of
both #ublic and #ri&ate information' ?AIA also has e2em#tion #ro&isions that are widely
seen as reasonable and sub/ect to the #ublic interest test' .he legislation also #ro&ides for
a mechanism for o&ersight and monitoring$ which ensures continued im#ro&ements and
refinement'
"!
A critical loo% at the ?AIA #oints to how it$ as o##osed to AI??A$ broadly
and o#enly #ro&ides for the right of access to information' .his is shown$ among other
#ro&isions$ by the ob/ecti&es of the Act which are #resented as follows4
a) to gi&e effect to the constitutional right of access to--
i) any information held by the StateG and
ii) any information that is held by another #erson and that is re>uired for
the e2ercise or #rotection of any rightsG
";
MDC Demands Forex Receipts From RBZ$ Einancial Mazette (7arare)$ June "=$ 22'
"!
*aitira *and/i4 ?rogramme Manager- MISA in a #a#er #resented at a wor%sho#4 Media and 3orru#tion4
Raising the +ar$ May 2B NJune = 2!$ ?ar% ?laza 7otel$ Sandton$ South Africa'
"2
b) to gi&e effect to that right--
i) sub/ect to /ustifiable limitations$ including$ but not limited to$ limitations
aimed at the reasonable #rotection of #ri&acy$ commercial confidentiality
and effecti&e$ efficient and good go&ernanceG and
ii) in a manner which balances that right with any other rights$ including
the rights in the +ill of Rights in 3ha#ter 2 of the 3onstitutionG
c) to gi&e effect to the constitutional obligations of the State of #romoting a
human rights culture and social /ustice$ by including #ublic bodies in the
definition of O re>uesterO$ allowing them$ amongst others$ to access information
from #ri&ate bodies u#on com#liance with the four re>uirements in this Act$
including an additional obligation for certain #ublic bodies in certain instances to
act in the #ublic interestG
d) to establish &oluntary and mandatory mechanisms or #rocedures to gi&e effect
to that right in a manner which enables #ersons to obtain access to records of
#ublic and #ri&ate bodies as swiftly$ ine2#ensi&ely and effortlessly as reasonably
#ossibleG and
e) Menerally$ to #romote trans#arency$ accountability and effecti&e go&ernance of
all #ublic and #ri&ate bodies by$ including$ but not limited to$ em#owering and
educating e&eryone--
i) to understand their rights in terms of this Act in order to e2ercise their
rights in relation to #ublic and #ri&ate bodiesG
ii) to understand the functions and o#eration of #ublic bodiesG and
iii) to effecti&ely scrutinize$ and #artici#ate in$ decision-ma%ing by #ublic
bodies that affects their rights'
As can be obser&ed ?AIA #ro&ides broader a&enues through which the citizenry can
access information held by the state including all branches of the E2ecuti&e and
organizations including those in the #ri&ate sector that hold information which is
im#ortant in the e2ercise and en/oyment of the citizenry0s rights' It is in this res#ect that
#ublic and cor#orate bodies are re>uired by law to facilitate mechanisms that enable
citizens to access information that is rele&ant to the e2ercise of their socio-economic
rights' As #ointed in the #ro&isions of ?AIA cited abo&e$ restrictions to access can only
be those that are democratically /ustifiable'
.he #rocedures for accessing information through the ?AIA are also clearer and sim#le'
.o access information$ one sim#ly has to feel a form' Muiding manuals ha&e also been
made a&ailable in "" different languages to ensure that a cross-section of the citizenry is
"=
aware of the access to information legislation and can utilize it for the ad&ancement of
their socio-economic status'
As o##osed to Zimbabwe where the go&ernment a##ointed Media and Information
3ommission (MI3)$ the South African 7uman Rights 3ommission (SA7R3)$ an
autonomous body whose e2istence is #ro&ided for in the country0s constitution #lays the
watchdog and facilitatory role in the e2ercise of the citizens0 right to access information
in South Africa' In terms of ?AIA$ it is the duty of SA7R3 to com#ile manuals on the
Act including information on information officers$ how the 3ommission can assist those
see%ing information$ legal remedies a&ailable to re>uesters of information$ fees and other
rele&ant as#ects' SA7R3 also monitors the im#lementation of the Act and re#orts and
ma%es recommendations to ?arliament on matters #ertaining to the e2ercise of the right
of access to information'
In order to ensure that the generality of citizens are aware of their right to information
and are able to e2ercise this right$ SA7R3 has the duty to conduct educational
#rogrammes that are meant to enhance the #ublic0s understanding of ?AIA' .he
3ommission must also #romote the dissemination of information by #ublic bodies' Dn
their #art$ information officers of #ublic bodies must #re#are manuals containing basic
details on #ublic bodies' .he manuals must also contain descri#tions of sub/ects on which
the bodies hold records and categories of records and of information a&ailable without
anyone ha&ing to re>uest access in terms of the ?AIA'
"<

?! MA0%$ .I"&I"*S %" C%".%$MI#3 9I#2 I"#+$"A#I%"A-
C%"1+"#I%"S A"& "%$MS
3onsidering the dynamics of globalization and the >uest for democratization at global
scale$ it is also necessary that the issues of the right of access to information and the
related ad&ancement of socio-economic rights be &iewed in the conte2t of international
standards for the #rotection 7uman Rights in general and the freedom of access to
information in #articular' In this res#ect$ there is need for focus on the Cni&ersal
:eclaration of 7uman Rights (C:7R)$ the African 3harter on 7uman and ?eo#le0s
Rights and other international 7uman Rights con&entions in so far as they relate to issues
of the right of access to information and the e2ercise of socio-economic rights' .his is
with the &iew of further establishing the status of AI??A in relation to the centrality of
the right of access to information in the en/oyment of socio-economic rights'
?!! Uni6ersal &eclaration of 2uman $ights (U&2$)
Dne of the im#ortant sections of the declaration is Article "B$ which #ro&ides that4
E&eryone has the right to freedom of o#inion and e2#ressionG this right includes the
freedom to hold o#inions without interference and to see%$ recei&e and im#art
information and ideas through any media and regardless of frontiers'
"<
See South Africa0s ?romotion Access to Information Act
"@

8iewed with the factoring of the second and third generation tenets of 7uman Rights$
which are concerned with socio-economic rights$ Article "B becomes rele&ant for the
u#holding of the global citizenry0s right to access to information with &iew to the
entrenchment and e2ercise of socio-economic rights'
?!'! African Charter on 2uman and 7eople:s $ights (AC27$)
.he rele&ant #ro&ision of the 3harter with res#ect to the freedom of e2#ression and
access to information is Article B (2)$ which says4
E&ery indi&idual shall ha&e the right to e2#ress and disseminate his o#inions within the
law
As #ointed out by ,ouw (o#cit)$ a #otential source of uncertainty in Article B of A37?R
is that it does not e2#ressly co&er e2#ression and dissemination of information' 7owe&er
the uncertainty has been cleared by the African 3ommission on 7uman and ?eo#le0s
rights$ the official organ for the enforcement of the 3harter' .he 3ommission has
de&elo#ed #rinci#les to inform the a##lication of Article B' .he #rinci#les$ contained in
the :eclaration of ?rinci#les on Ereedom of E2#ression in Africa ma%e it clear that
freedom of e2#ression is guaranteed under Article B of A37?R'
"5

3oncerning derogations$ Article 2 of the 3ommission0s :eclaration of #rinci#les
#ro&ides that any restrictions bon media freedom must be #ro&ided by law$ ser&e a
legitimate interest and be necessary in a democratic society'
?!/! International Co6enant on Ci6il and 7olitical $ights (ICC7$)
.he I33?R is there to am#lify and enhance the ci&il and #olitical rights that are
#rescribed in C:7R' Ereedom of the Media is #rotected under I33?R0s Article "B (2)4
E&eryone shall ha&e the right to freedom of e2#ressionG this right shall include the freedom to
see%$ recei&e and im#art information and ideas of all %inds$ regardless of frontiers$ either
orally$ in writing or in #rint$ in the form of art$ or through any other media of his choice
1here restrictions may be entertained on the e2ercise of freedom$ the restrictions must be
democratically /ustifiable and must not #ut the fundamental right of access to information
and the freedom of e2#ression into danger' Restrictions must be in line with Article "B(=)
as follows4
i) .he restriction must be #ro&ided by lawG
ii) Must be im#osed for one of the #ur#oses set out in sub-#aragra#hs (a) and (b)G and
iii) must be /ustified as necessary for that state #arty for one of those #ur#oses
"B

"5
See Article " of the African 3ommission0s :eclaration of ?rinci#les on Ereedom of E2#ression in Africa
"B
Re#ort of the 7uman Rights 3ommission to the Meneral Assembly$ =5
th
Session$ Su##' -o @$ "B5=$ cit
in ,ouw$ o#cit$ ?'5
";
Dther international con&entions that are rele&ant to the e2ercise of the right to access
information' .hese include regional #rotocols that a##ly to SA:3 and other regions' .he
bottom line is howe&er that these con&entions and #rotocols ha&e been #ut in #lace under
the banner of u#holding the freedom of e2#ression' .he three ma/or con&entions that
ha&e been #resented in this section shed the necessary light with res#ect to the
international norms and standards for the e2ercise of the freedom of access to information
within the holistic a##roach of ad&ancing socio-economic rights that are broadly
sti#ulated in the C:7R' Zimbabwe being a signatory to these international instruments
must entrench in its constitutional$ legislati&e and #olicy framewor%s benchmar%s that
com#ly with the 7uman Rights norms and standards of which the right of access to
information is an integral #art'
As seen from what has so far been #resented$ the constitution of Zimbabwe does not
e2#licitly #ro&ide for the freedom of e2#ression and im#oses some restrictions that are
not democratically /ustifiable in the framewor% of the need to u#hold the freedom of the
media and the right of the citizenry to access information that is necessary for the
e2ercise of their socio-economic rights' .he same a##lies to AI??A$ the #ur#orted stand
alone AI law that is found wanting in terms of democratically /ustifiable standards for the
#romotion of the citizenry0s right of access to information that #ertains to their socio-
economic welfare'
A#art from a restricti&e constitution and AI??A$ there are other Zimbabwean laws that
im#inge on the #eo#le0s right to access information' .hese include the Dfficial Secrets
Act$ the ,aw of :efamation$ the ?ublic Drder and Security Act (?DSA)$ the ?ri&ileges$
Immunities and ?owers of ?arliament Act K3ha#ter "L and others$ which in &arious
res#ects are an im#ediment to the en/oyment of the right of access to information'
2
1ith
res#ect to this and the centrality of the freedom of e2#ression in the e2ercise of socio-
economic rights$ it is necessary that there be effecti&e ad&ocacy and lobby cam#aigns to
#ush for the entrenchment of the right of access to information in the country0s
constitution' .here is also need to #ush for AI legislation that is in line with the
democratic norms for the res#ect of the #eo#le0s right to access information that is
rele&ant to the en/oyment of their social and economic rights'
+esides the standards sited in the abo&e #resented international con&entions$ Article "B
has de&elo#ed basic #rinci#les that set out standards for laws that gi&e effect to the right
of access to information' .hese standards a##ly to the #ublic sector$ the #ri&ate sector and
to inter-go&ernmental bodies such as the Cnited -ations and the Euro#ean Cnion' .he
#rinci#les are #resented as follows4
i) Ereedom of information legislation should be guided by the #rinci#le of
ma2imum disclosureG
ii) ?ublic bodies should be under an obligation to #ublish %ey informationG
iii) ?ublic bodies must acti&ely #romote o#en go&ernmentG
2
Eor more information on how the stated laws im#inge on the right of access to information$ reference is
made to the #ublication$ )he !ccess to &n*ormation and +rotection o* +rivacy !ct: )#o ,ears On,
September -../, Article "B$ ,ondon P MISA-Zimbabwe$ 7arare' Reference is also made to M Eeltoe$
2;'
"!
i&) E2ce#tions should clearly and narrowly be drawn and sub/ect to strict Hharm4J
and H#ublic interestJ testsG
&) Re>uests for information should be #rocessed ra#idly and fairly and an
inde#endent re&iew of an refusals should be a&ailableG
&i) Indi&iduals should not be deterred from ma%ing re>uests for information by
e2cessi&e costsG
&ii) Meetings of #ublic bodies should be o#en to the #ublic'
2"

@! MA0%$ .I"&I"*S %" MISA<ZIM(A(9+:S A&1%CAC3 CAM7AI*" %"
#2+ $I*2# %. ACC+SS #% I".%$MA#I%"
.he #re&ious section loo%ed at Zimbabwe0s AI legislation with a &iew to accessing its
strengths and wea%nesses in so far as gi&ing effect to the right of access to information is
concerned' 1hile there are #ro&isions in AI??A #ro&iding for access to information that
is rele&ant for #ublic concern$ it was established that limitations embedded in this AI
legislation water down the stated ob/ecti&e of effecting the right of access to information'
.he section also #resented international #rinci#les and standards setting out how laws
should #ro&ide for the e2ercise of the right of access to information in a democratic
society' South Africa was gi&en as an e2am#le of a country that has gone a long stride in
#utting in #lace legislation that gi&es effect to the e2ercise of the right of access to
information'

In this section$ a critical loo% is ta%en at the cam#aign that has been underta%en or is
being underta%en by MISA-Zimbabwe under the broad ob/ecti&e of ad&ocating for the
entrenchment and u#holding of the right of access to information in the country0s
constitutional$ legislati&e and #olicy framewor%'
.he section is de&oted to e&aluating the effecti&eness of MISA-Zimbabwe0s ad&ocacy
and lobby cam#aigns with res#ect to the following two broad com#onents4
"' Ensuring that #eo#le are aware of legislation that is rele&ant to their right of
access to informationG
2' Ascertaining whether #eo#le ha&e been able to utilize AI legislation in the
e2ercise of their socio-economic rights in general and #o&erty alle&iation in
#articular
@!! MISA<Zimbabwe:s 7ublic Awareness Campaigns
It was obser&ed that MISA-Zimbabwe0s lobby and ad&ocacy cam#aigns are at three
broad le&els of engagement$ namely engagement with #olicy ma%ers$ engagement with
members of the #ublic and engagement with 3i&ic Society organizations'
2"
Re#ort of the Cnited -ations S#ecial Ra##orteur on Ereedom of E2#ression$ (2)) C- :oc'@929!=$
January "5$ 2$ #aras @=$ @@' Anne2 2' .he ?rinci#les were de&elo#ed by the non-go&ernmental
organization Article "B-the International 3enter against 3ensorshi#'
"<
MISA Zimbabwe has largely engaged members of the #ublic through acti&ities including
community meetings$ the community theatre initiati&e$ and a general #ublic awareness
cam#aign in form of distribution of fliers$ #osters$ staging of #eaceful #rotests and
marches' .here has also been a s#ecialized cam#aign that can broadly be described as the
3ommunity media initiati&e in which #eo#le in different communities are being assisted
towards establishing community media that can hel# them to access and channel out
information that is rele&ant to the ad&ancement of their welfare'
<'"'"'"' 3ommunity Meetings
3ommunity meetings are underta%en at selected &enues in urban areas' .o#ics for
discussion at community meetings are generally in line with the theme of ad&ancing the
freedom of e2#ression and the right of #eo#le to access information' .he meetings are
organized by the MISA-Zimbabwe secretariat in collaboration with 3i&ic Society
organisations such as the Zimbabwe ,awyers for 7uman Rights (Z,7R)$ Zimbabwe
-ational students Cnion (ZI-ASC)$ Zimbabwe Qoung 3hristian Students$ Zimbabwe
1omen Resource 3enter -etwor% and the Zimbabwe Cnion of Journalists (ZCJ)'
<'"'"'2' 3ommunity .heatre
3ommunity theatre #erformances ha&e been staged around country0s 7igh-density areas
in 7arare$ +ulawayo$ Mweru$ Mas&ingo$ Mutare$ 7wange$ *we%we$ 3hinhoyi and
*adoma' .he de&elo#ment and scrutinizing of theatre scri#ts to ensure that #erformances
carry the desired messages is facilitated by members of the MISA secretariat$ es#ecially
the Ad&ocacy$ ,egal and Information de#artments' .heatre grou#s are identified by
MISA Ad&ocacy 3ommittees that are #resent in 7arare$ +ulawayo$ Mutare$ *we%we$
Mweru$ Mas&ingo *adoma$ 3hinhoyi and 7wange' .he 3ommittees are made u# of
/ournalists and 3i&ic Society acti&ists drawn from ci&ic organizations that carry out
7uman Rights ad&ocacy wor% in areas such as Mender$ Qouth issues and 7I8 Aids'
<'"'"'2' Meneral Raising of Awareness
.here ha&e been se&eral attem#ts to raise awareness through the distribution of .-shirts$
fliers and #osters carrying different message cam#aigning for the re&iew of AI??A$ the
o#ening of the airwa&es$ the need to set community radio stations and others to do with
the freedom of e2#ression'
<'"'"'=' ?eaceful Marches and ?rotests

Among other causes$ #eaceful marches ha&e been organized and staged in call for
legislation that guarantees and u#holds the right of Access to information' 1hen the
MISA membershi# marches in commemoration of e&ents such 1orld ?ress Ereedom day$
they ha&e often utilized the o##ortunity to raise awareness on laws and #ractices that
hinder the en/oyment of the freedom of e2#ression' .here ha&e also in #rotest acti&ities
against the harassment of media #ractitioners and curtailment of the freedom of
e2#ression acti&ities such as the closure of the Daily (e#s and the introduction of
"5
inhibiti&e legislation including AI??A$ ?DSA$ the +roadcasting Ser&ices Act and others
that generally inhibit the right of access to information'
<'"'"'@' .he 3ommunity Media Initiati&e
As #art of the awareness raising acti&ities$ MISA-Zimbabwe has intensified the
cam#aign for the de&elo#ment of community media as #art of the #ursuit for the e2ercise
of the right to the freedom of e2#ression and the right to access information that is
necessary for the social and economic ad&ancement of res#ecti&e communities' .he
cam#aign has started off with community radio and community news#a#er initiati&es' In
+ulawayo$ there has been the case of Radio :ialogue$ in Mas&ingo$ there is the Radio
1ezhira initiati&e and in 7arare$ the 7arare 3ommunity radio initiati&e' 3ommunity
news#a#er #ro/ects ha&e started in communities such as 7arare0s Mlen&iew 7igh :ensity
suburb where a community #ublication$ Glenvie# (e#s has started circulating'
@!'! MISA<Zimbabwe:s +ngagement of 7arliament ; *o6ernment
1hile #ublic engagement is ultimately aimed at #utting #ressure on #olicy ma%ers$
including those in the E2ecuti&e$ the ,egislature and the Judiciary arms of go&ernment to
embrace reforms that enhance the e2ercise of #eo#le0s right to access information$ there
are #latforms in which the #olicy ma%ers are directly engaged with a &iew to lobbying
them to embrace #olicy reforms that are necessary for the e2ercise of the #eo#le0s right to
access information' Such #latforms ha&e included meetings with the minister of
information$ #arliamentarians and other rele&ant go&ernment officials' ?olicy ma%ers
ha&e also been in&ited to #artici#ate at wor%sho#s aimed at ensuring that there is
awareness on the need for AI legislation that em#owers citizens in the #ursuit of the
guaranteeing of their socio-economic rights and liberties'
<'2'"' Engagement of ?arliament
Submissions ha&e also been made to the ?arliamentary ?ortfolio 3ommittee on .rans#ort
and 3ommunications with regard to the need for AI legislation that effecti&ely lin%s the
right of access to information to the e2ercise of socio-economic rights' 3urrently$ MISA-
Zimbabwe is in the #rocess of drafting a #ro#osed alternati&e to AI??A that will be
submitted to the ?arliamentary ?ortfolio 3ommittee on .rans#ort and 3ommunications'
MISA-Zimbabwe0s lobby and ad&ocacy cam#aign has also included a##lauding and
commenting on #ositi&e recommendations coming from some sections of #arliament on
the need for media reform' Eor e2am#le$ when *indness ?aradza$ the former
#arliamentarian raised a motion in #arliament calling for the reform of AII?A$ MISA-
Zimbabwe circulated a #ublic statement a##lauding the motion' In the statement$ MISA-
Zimbabwe also nagged #arliament to do a through assessment of the country0s media
#olicy regime with &iew to coming u# with laws and #olicies that #romote a democratic
"B
media framewor% that #romotes socio-economic de&elo#ment'
22
In the wa%e of the most
recent ?arliamentary ?ortfolio 3ommittee re#ort on the state of the media$ MISA-
Zimbabwe wrote to the ?ortfolio committee commending its recommendations on issues
including the need for the restructuring of the Zimbabwe +roadcasting 7oldings (Z+7)'
In its submissions on the re#ort MISA-Zimbabwe called on the ?ortfolio 3ommittee to
#ush the enactment of laws that guarantee the e2istence of Z+7 as an inde#endent #ublic
broadcaster through which information rele&ant to the #olitical$ social and economic
de&elo#ment of citizens can be channeled without undue interference from #oliticians
and business'
2=

MISA-Zimbabwe also ma%es submissions on legal bills before they #ass through
#arliament' E2am#les include submissions that were made #rior to the #assing of the
Access to Information and ?rotection of ?ri&acy Amendment +ill before it sailed through
#arliament in 22' In its submissions to the amendment bill$ MISA-Zimbabwe noted a
number of #ro&isions in the amendment bill that hinder the e2ercise of the right to
information' ?ro&isions that were recommended for re&iew include those to do with the
accreditation of /ournalists$ the com#osition of the MI3 and others that im#inge on the
citizenry0s right of access to information'
<'2'2' Engagement of the E2ecuti&e arm of Mo&ernment
.he cabinet has mainly been lobbied to embrace media #olicy reforms through the
Ministry of Information and ?ublicity' 3onsultations ha&e been held with ministry
officials including the Minister and the ?ermanent secretary' Dne of the meetings was
held with the late minister of Information and ?ublicity$ the late Ambassador .ichaona
Jo%onya and his de#uty$ +right Matonga at the beginning of 2!' At the meeting$ the
issue of the need for the setting u# of an inde#endent Media ?rofessionals 3ouncil was
e2tensi&ely discussed$ with MISA-Zimbabwe #resenting its #ro#osals on the need of such
a council to the ministry' Ministry officials ha&e also been discussed to wor%sho#s were
they ha&e been e2#osed for discussion with /ournalists on matters #ertaining to the need
for information #olicy reform'
At local le&el$ #ro&incial go&ernors$ mayors and councilors ha&e been engaged ion the
need for media #olicy reform' Among other strategies to reach out to these authorities$
MISA-Zimbabwe has often in&ited them to community meetings held in &arious centers
around the country' Meetings ha&e also been held with go&ernors$ mayors and councilors
as #art of the lobby cam#aign for a #olicy and constitutional framewor% that guarantees
the e2ercise of the right to information'
MISA-Zimbabwe has also e2erted #ressure on go&ernment to embrace democratic and
de&elo#mental media reforms through its international lobby and ad&ocacy cam#aign'
22
Inter&iew with Rashweat Mu%undu$ o#cit
2=
MISA-Zimbabwe0s Res#onse to the First "eport o* the +ort*olio 'ommittee on )ransport and
'ommunications on the State o* the public Media in 0imbab#e$ 2!
2
<'2'='International ,obby and Ad&ocacy
A#art from alerts and re#orts that are circulated to the di#lomatic community on a
constant basis$ MISA-Zimbabwe0s international lobby and ad&ocacy cam#aign has also
ta%en #lace through the African 3ommission on ?eo#le and 7uman Rights' A#art from
a##raising the 3ommission through alerts and re#orts$ MISA-Zimbabwe has #layed a
leading role in #resenting cases of the abuse of the freedom of e2#ression before the
3ommission' 3ases that ha&e been filed before the 3ommission include that of 3a#ital
Radio and that of the Inde#endent Journalists Association of Zimbabwe (IJAZ)' 3a#ital
Radio is challenging the constitutionality of the +roadcasting Ser&ices Act$ which as the
banned station holds$ contains a number of #ro&isions which are not inn the true s#irit of
o#ening u# Zimbabwe0s airwa&es' .he case has been #resented before the 3ommission
following a ruling by the Su#reme 3ourt of Zimbabwe that the +roadcasting Ser&ices Act
does not contra&ene the freedom of e2#ression in any way' .he IJAZ case relates to
AI??A' IJAZ is challenging the constitutionality of #ro&isions of AI??A to do with the
registration and accreditation of /ournalists' .he clauses being challenged were ruled to
be constitutional by the Su#reme 3ourt in 2@' IJAZ has howe&er submitted that
sections <B$ 5$ 5= and 5; of AII?A relating to the registration of /ournalists &iolate
Section B of A3?7R' +oth cases are still on the stage of infancy and finer details on them
are yet to be made #ublic' MISA-Zimbabwe facilitated the #resentation of these cases to
the 3ommission in collaboration with the Zimbabwe ,awyers for 7uman Rights
(Z,7R)
2@

@!/! Interaction with Ci6ic Society
In #romoting the e2ercise of the right to information$ MISA-Zimbabwe$ has o&er the
years been interacting with 3i&ic Society organizations (3SDs) whose mission is that of
#romoting #olitical and socio-economic de&elo#ment' Among the 3SDs that MISA-
Zimbabwe interacts with on the said res#ect is the Media Monitoring ?ro/ect Df
Zimbabwe (MM?Z)$ 3risis in Zimbabwe 3oalition$ 1omen inn ?arliament su##ort
-etwor% (1I?SC)$ 1omen 3oalition$ -ational 3onstitutional Assembly (-3A)$
Zimbabwe ,awyers for 7uman Rights (Z,7R)$ 7uman Rights -on Mo&ernmental
Drganizations Eorum$ Eederation of African Media 1omen in Zimbabwe (EA1MZ)$
Zimbabwe Election Su##ort -etwor% (ZES-)$ and the Zimbabwe -ational Students
Cnion (ZI-ASC)' MISA-Zimbabwe also has an effecti&e wor%ing relationshi# with
#rofessional associations$ namely the Zimbabwe Cnion of Journalists and the
Inde#endent Journalists Association Df Zimbabwe (IJAZ)' +oth ZCJ and IJAZ are
institutional members of MISA-Zimbabwe' ZCJ recently recei&ed technical su##ort from
MISA-Zimbabwe0s Ad&ocacy :e#artment towards the establishment of its office in
7arare'
1ith MM?Z$ MISA-Zimbabwe has come u# with informati&e synergies in monitoring
Zimbabwe0s media o#erational en&ironment' MM?Z #roduces and #ublicly circulates
wee%ly re#orts on the o#erations of the media' Some of the re#orts ha&e e2tensi&ely been
used inn the #roduction of MISA-Zimbabwe0s alerts and re#orts' MISA-Zimbabwe
2@
Inter&iew with 1ilbert Mandinde$ 2"9!92!
2"
organizes e&ents such as /oint wor%sho#s and #ublic meetings that ha&e hel#ed in raising
awareness on the right to access information and on the general state of the media in the
country' E2am#les include the annual #ublic meeting to commemorate 1orld ?ress
Ereedom :ay$ which is /ointly organized by MISA-Zimbabwe and 3SDs including ZCJ$
IJAZ and the 3risis in Zimbabwe 3oalition' .he organization of marches to mar% the day
has also often see n organizations such as the -3A and the 3ombined 7arare Residents
Association being in&ited to ta%e #art$ with #osters carrying messages on #ress freedom
being widely distributed'
In con/unction with Z,7R$ MISA-Zimbabwe has come u# with the Media ,awyers
-etwor%$ whose acti&ities ha&e included the training of /ournalists on how Zimbabwe0s
legal en&ironment affects their wor%' .he networ% has also assisted in the #ro&ision of
legal re#resentation for media #ractitioners and organizations in need of such
re#resentation' Among the beneficiaries of this initiati&e are the )ribune and former
em#loyees of the Associated -ews#a#ers of Zimbabwe (A-Z)$ #ublishers of the banned
Daily (e#s and )he Daily (e#s on Sunday'
1or%sho#s ha&e also been organized by MISA-Zimbabwe to raise awareness on the
necessity of the freedom of e2#ression and the right to information' 1or%sho#s ha&e
been organized for the membershi# of the mentioned 3SDs that MISA-Zimbabwe has
de&elo#ed wor%ing relations with' 1or%sho#s ha&e been organized around such themes
as4 )he (ecessity o* the "ight to &n*ormation in +romoting Socio1conomic
Development, 2e a 'ommunity: Start a 'ommunity "adio$ !&++!: Does it +romote the
citi3en4s "ight to !ccess to &n*ormation and others' Cnder such themes$ MISA-Zimbabwe
has mobilized ci&ic society towards ad&ocating for a free media en&ironment in which
the e2ercise of the right to information is u#held'
MISA is currently consulting 3i&ic Society organizations around the country on how best
to #ush for the enactment of legislation and #olicies that guarantee access to information
with res#ect to the en/oyment of socio-economic rights' 3i&ic Society organizations ha&e
also been engaged at other #latforms such as wor%sho#s at which critical discussion on
the right of access to information ha&e been e2tensi&ely deliberated on$ with
recommendations coming out on the need for the enactment of democratic information
laws that are rele&ant to socio-economic emanci#ation' Alerts on the state of the media
with res#ect to the need for the u#holding of the freedom of e2#ression ha&e also been
circulated to ci&ic organizations and members of the di#lomatic community through e-
mail on a regular basis'

A! +6aluating the +ffecti6eness of the Ad6ocacy Campaign
5'"' Assessment of 3am#aign among ?arliamentarians
.he engagement of ?arliament has seen #arliamentarians from both the ruling ZA-C ?E
and the o##osition being lobbied to #ush for a legal and #olicy framewor% that fosters a
democratic en&ironment in which the freedom of e2#ression and the right to information
are u#held' 1hile the generality of #arliamentarians ha&e largely been lobbied indirectly
22
through in&itation to rele&ant MISA-Zimbabwe acti&ities and e&ents inn their
constituencies and around the country$ direct interaction has mainly ta%en #lace through
?arliament0s ?ortfolio 3ommittee on .rans#ort and 3ommunications' MISA-Zimbabwe
has engaged the 3ommittee submissions that it has #re#ared on #ro#osed legislation' As
already alluded to$ com#rehensi&e submissions were forwarded to #arliament when such
bills as the AI??A Amendment +ill were brought before #arliament' MISA-Zimbabwe
has also come u# with #lausible submissions on issues such as the liberalization of the
broadcasting sector' An analysis of other e2isting laws such as the ?ublic Drder and
Security Act (?DSA) and the +roadcasting Ser&ices A3. has also been done for
?arliament$ with negati&e as#ects affecting the freedom of e2#ression being highlighted'
?otentially #rogressi&e recommendations including the need for the setting u# of a #olicy
framewor% that #romotes free information flow'
.here ha&e been indications that a significant im#act has been generated from the
cam#aign among #arliamentarians .he latest re#ort by the ?arliamentary ?ortfolio
3ommittee on .rans#ort and 3ommunications on the state of the ?ublic Media in
Zimbabwe #oints to how some of the ?ortfolio 3ommittee0s recommendations are in line
with the cam#aign by MISA to entrench the freedom of e2#ression and the right to access
information through such a&enues as the setting u# of 3ommunity broadcasting stations$
the o#ening u# of the airwa&es and the granting of autonomy to the +roadcasting
Authority of Zimbabwe (+AZ)'
2;
Some motions ha&e also been raised in #arliament on
the need for media reform' An e2am#le was the call for the re&iew of AI??A by former
Member of ?arliament$ *indness ?aradza in his maiden contribution to #arliamentary
debate in 2@'
5'2' Im#act on 3entral Mo&ernment
:uring the era of Mr' Jonathan as Minister of Information and ?ublicity between 2
and 2!$ relations between the #ri&ately owned media and the state became e2tremely
bad$ with the #ri&ate media being dismissed at face &alue as an enemy of the state' .he
#eriod saw an increase in &iolation of media freedom and the freedom of e2#ression' It
was also in the same #eriod that AI??A was enacted' In the wa%e of a well-calculated
assault on the citizenry0s right to information$ MISA-Zimbabwe continued with ad&ocacy
acti&ities$ including the issuing of alerts on &iolations' In 22$ MISA recorded 25 alerts
of &iolations throughout the Southern Africa :e&elo#ment 3ommunity (SA:3) region$
with "2 (;56) ha&ing been re#orted from Zimbabwe' In 2=$ MISA-Zimbabwe
re#orted "2 (;@6) of the "55 #ress freedom &iolations that were recorded in SA:3'
2!
In
the wa%e of this &iolations$ MISA-Zimbabwe continued with a #eaceful ad&ocacy and
lobby cam#aign for a free media en&ironment' .he cam#aign #aid di&idends as seen by
the decrease in re#orted cases of #ress freedom &iolations from "2 in 2= to @< in
2@'
2<
As the situation currently stands$ there are indications that go&ernment recognizes
the legitimacy of the #ri&ate media' +efore his death$ the late minister of Information had
2;
See Re#ort of the ?arliamentary ?ortfolio 3ommittee on .rans#ort and 3ommunications KS'3 "$ 2!L$
=" May 2!
2!
See MISA Annual Re#ort for 2;
2<
Ibid
2=
#ublicly indicated gestures of coo#eration between his ministry and different sectors of
the media'
E&en the already stated amendment of AI??A during the tenure of Jonathan Moyo as
minister of Information was an indication of success in ad&ocacy initiati&es' Although
not meeting the e2#ected democratic standards$ the amendment indicated the le&el of
#ressure to which go&ernment has been sub/ected in line with the need for the res#ect and
obser&ance of the right to information' +eing under #ressure from relentless ad&ocacy
acti&ities by MISA-Zimbabwe and other #layers$ go&ernment had to be seen to be at least
doing something'
Dn the o&erall assessment of the engagement of central go&ernment$ it has been that that
while #arliamentarians$ #ro&incial Mo&ernors$ Mayors and 3ouncilors who ha&e been
engaged ha&e shown a general understanding on the need for democratic media reforms$
the central go&ernment has largely been unwilling to o#en u# to the reform initiati&e' In
reference to the unwillingness of go&ernment to o#en u# to the MISA initiated media
reform initiati&e$ .a%ura Zhangazha$ the MISA-Zimbabwe :e#uty :irector said4
At times we ha&e held consultations with #ro&incial Mo&ernors$ Mayors and
3ouncilors who ha&e shown a##reciation of the need for reforms' In the end they
#oint out that they ha&e no #ower to effect reforms$ referring matters to the Ministry
of Information$ which has not shown much commitment to the media reform cause'
25

.he abo&e sentiments were confirmed by Z&amaida Murwira$ a senior re#orter with the
state-controlled 5erald news#a#er who obser&ed that the sus#icious manner in which the
go&ernment controlled MI3 &iews 3i&il society and the #ri&ately owned media ma%es it
increasingly difficult for citizens to e2ercise their right to access information through
AI??A'
2B
.his state of #olarization has increasingly made it difficult for the citizenry to
en/oy its right to information'
5'=' +enefits from MISA-Zimbabwe0s interaction with 3i&ic Society
It is notable that some inroads ha&e been made into ci&ic society organizations$ resulting
in some synergies that ha&e broadened the horizon of MISA-Zimbabwe0s ad&ocacy
cam#aign' .he wor% with MM?Z is #articularly commendable as it has gi&en birth to a
constant informati&e monitoring of the restricti&e information flow en&ironment that
continues to hinder democracy and de&elo#ment among Zimbabweans' 3ollaboration
with the -3A where MISA-Zimbabwe sits in the Editorial +oard has significantly
contributed to the #roduction of a >uarterly newsletter$ )he !genda$ which is
significantly circulated among members of the -3A in rural and urban Zimbabwe' A fli#
through the most recent issues of )he !genda shows how articles on the need for free
information flow ha&e consistently featured in the #ublication' MISA-Zimbabwe has also
bee n able to broaden its cam#aign by being #art of the 3risis in Zimbabwe 3oalition
where it chairs the 3oalition0s information committee' .he same can be said with regard
25
Inter&iew with .a%ura Zhangazha$ 2<9!92!
2B
Inter&iew with Z&amaida Murwira$ 2<!92!
2@
to MIS-Zimbabwe0s interaction with ZI-ASC$ which it has hel#ed to #roduce a
magazine that circulates among students in tertiary institutions of learning' As #ointed
out by ?romise M%wananzi$ the current #resident of ZI-ASC$ the #ublication is rele&ant
to the student community0 s socio-economic interests as it co&ers such issues as the
#ri&atization of higher education$ 7I8 Aids and others$ which affect students'
=

1hile some achie&ements ha&e been recorded in the stated initiati&es$ it is notable that
not much has been done in terms of a dee#er #enetration into the membershi# of such
membershi# based organisations as the Zimbabwe 3ongress of .rade Cnions (Z3.C)
and the -ational 3onstitutional Assembly (-3A)' .he local 3ha#ter of MISA
ac%nowledged how it has not been able to wor% with grassroots based organizations such
as the Zimbabwe 3ongress of .rade Cnions (Z3.C) and the -ational 3onstitutional
Assembly (-3A)$ which can hel# in the accessing of a significant #ortion of grassroots
communities$ es#ecially in the rural areas where #o&erty le&els are e&en higher than those
in the urban areas in which MISA acti&ities are concentrated'
="
As the MISA-Zimbabwe
:e#uty :irector #ointed out$ his organization has a&oided high-le&el collaboration with
organizations such as -3A because of the #olitical bac%lash that such a collaboration is
li%ely to in&ite from ruling #arty officials
.he failure of MISA Zimbabwe to #enetrate rural areas is also common#lace in a number
of other ci&ic organizations whose human Rights ad&ocacy wor% has largely remained
confined in +oardrooms and Ei&e Star 7otels due to the inhibiti&e #olitical climate' .his
ris%s a tragedy in which human rights ad&ocacy wor% has not been dee#ened enough to
reach le&els of national awareness and consciousness'


5'@' Assessment of International ,obby and Ad&ocacy

.here has been an e2tensi&e raising of awareness among members of the international
community on the obtaining media en&ironment with res#ect to the e2ercise of the right
to information and the freedom of e2#ression' .o this end$ international #ublications
including those of International 7uman Rights are awash with factual information on
how the dearth of democracy and de&elo#ment #romoting AI legislation and #olicies is
contributing to a #arlous state in which the greater #art of the #o#ulation is failing to
en/oy its socio-economic rights' ?ublications in which Zimbabwe0s restricti&e flow of
information has been com#rehensi&ely co&ered include MISA #ublications$ Freepress
=2
and So )his is Democracy' International re#orts from international human rights
organizations such as Article "B and Amnesty International ha&e also consistently
highlighted the manner in which the citizenry0s right to information ha&e been &iolated
o&er the years'
=
Inter&iew with ?romise M%wananzi$ o#cit
="
Inter&iew with 1ilbert Mandinde' In reference to how MISA has failed to #enetrate rural areas$
Mandinde made reference to an incident in which .a%ura Zhangazha went to :ete 3ommunal lands on an
awareness cam#aign and failed to address a single #erson
=2
See the Freepress of July$ 2=' .his #articular #ublication was dedicated to Zimbabwe and chronicles
the manner in which free information flow has systematically been &iolated
2;
.he effecti&eness of ad&ocacy among members of the di#lomatic community was
recently shown by #ronouncements that were recently made by Cnited States
Ambassador to Zimbabwe$ Mr' 3hristo#her :ell' In an address to mar% the year 2!0s
1orld ?ress Ereedom day in +ulawayo$ Ambassador :ell #ointed out the a##arent
lin%ages between the disres#ect of the freedom of e2#ression and the country0s dee#ening
#o&erty' 7e also #ointed out how the o##osite is true in the case of countries such as
South Africa and Mozambi>ue where there is a modicum of res#ect for the right to access
information'
==
3alls for media reforms ha&e also been heard from Euro#ean Cnion
di#lomats such as the Swedish Ambassador to Zimbabwe' 1hile ac%nowledging the need
for democratic reforms$ other members of the di#lomatic community ha&e chosen not to
ma%e #ublic #ronouncements'
5';' Im#act of the 3ommunity Media Initiati&e
As a result of the arrogant stance that has been ado#ted by go&ernment with regard to
calls for democratic media reforms$ MISA-Zimbabwe is intensifying direct engagement
with grassroots communities through the 3ommunity Media initiati&e$ which is #ro&ing
to be effecti&e in some as#ects' A loo% at the Glenvie# (e#s, for e2am#le shows how the
initiati&e is stri&ing to gi&e local communities access to information that is rele&ant to
their socio-economic ad&ancement' Issues co&ered in the inaugural issue of the Glenvie#
(e#s include a story in which the munici#al #olice officers are con&erting &egetable
&endors0 #roducts for their own use under the #rete2t of flashing out illegal &ending'
.here are also stories on the a##arent failure by the Munici#ality to collect refuse$ an
un/ustified #ayment of trans#ort le&y at a local school and other issues that are rele&ant to
the community0s welfare' Dut of 2 Mlen&iew residents that were randomly selected for a
sna# shot sur&ey on the Glenvie# (e#s and on MISA-Zimbabwe0s Right of access to
information cam#aigns$ "; said they welcome the #ublication as it comes out in the local
Shona language that they understand' .hey also said that the #ublication co&ers issues
that directly affected them' Among those tal%ed to was a 2< year old Accounts 3ler% who
e2#ressed fears that the #ublication would be banned under AI??A' .ogether with "5
other res#ondents who included ! &egetable &endors and four domestic wor%ers in
Mlen&iew$ the Accounts 3ler% e2#ressed that she is only aware of AI??A as a law that is
used to close down news#a#ers that are not wanted by the go&ernment' Most cited the
case of )he Daily (e#s$ a #ri&ate daily news#a#er that was closed by the state after it
initially defied the re>uirements to register for an o#erating license as sti#ulated by
AI??A' She chose to remain anonymous for fear of &ictimization'
.he Radio :ialogue initiati&e is also showing #otential for greater rele&ance' Although a
lecturer at the -ational Cni&ersity of Science and .echnology (-CS.)$ Stanford
Matenda is of the o#inion that the initiati&e is to do with nothing but an unfocussed
#laying of music in 7igh density suburbs$ MISA has #ointed out that the music that is
#layed is #roduced at the community station0s studio and tries to address socio-economic
#roblems faced by local communities in +ulawayo' .he writer of this a##raisal had n
o##ortunity to listen to some of the music #roduced by Radio :ialogue and found out
==
See Ambassador 3hristo#her :ell0s address to mar% 1orld ?ress Ereedom :ay in (e#s and 6ie#s *rom
the World$ June9July 2!$ #' =
2!
that some of the songs are to do with the need to address #olitical$ social and economic
issues affecting the +ulawayo community in #articular and Zimbabwe in general'
=@
*holiwe -yoni$ Radio :ialogue0s Mar%eting Dfficer e2#ressed gratitude to MISA-
Zimbabwe for the financial and technical su##ort from the 3ha#ter$ which she says is
hel#ing the +ulawayo community realize the long cherished dream of an electronic media
system in which they hear their %nown &oices and which directly addresses their social
and economic concerns' H.here is no better way in which the media can hel# u#lift the
socio-economic status of #eo#le other than one in which the #eo#le own their media and
decide its content at community le&elJ
=;

As obser&ed$ the #resented ad&ocacy initiati&es ha&e been conducted under the banner of
cam#aigns$ which can be categorized as the D#en C# the Airwa&es cam#aign$ the
Journalists Cnder Eire cam#aign and the Access to Information cam#aign' .he D#en C#
the airwa&es cam#aign has included cam#aigns designed towards the establishment of a
democratic broadcasting #olicy regime under#inned by a three tier broadcasting system
com#rising of #ublic ser&ice broadcasting$ commercial broadcasting and community
broadcasting' Eocus on the establishment of community radio has been broadened to
include other forms of community media such as community news#a#ers and community
theatre' Cnder the /ournalists under fire cam#aign$ MISA-Zimbabwe has been engaged in
raising awareness on the restricti&e and ris% en&ironment in which the media o#erate in
Zimbabwe' .he Access to Information in&ol&es attem#ts by MISA-Zimbabwe to
mobilize the citizenry towards asserting their right to information' .his is being done in
con/unction with other ci&ic #layers in&ol&ed in 7uman Rights ad&ocacy wor% in sectors
including 7I8 Aids$ Mender$ Mo&ernance$ Qouth em#owerment and others'
B! C%"C-USI%"
.his a##raisal has #ointed out the deficiencies in Zimbabwe0s AI legislation$ which has
been obser&ed not to do much by way of enhancing the en/oyment of #eo#le0s socio-
economic rights' .he fact that the country0s A.I legislation in the form of AII?A was
enacted with the &iew to control a free flow of information ma%es it e2tremely wea% in
terms of guaranteeing the en/oyment of the right of access to information from within a
conte2t of the e2ercise of socio-economic rights' .he case of Zimbabwe is one in which
the right to access information is #resented by one hand and is immediately snatched by
the other' It then becomes e2tremely difficulty$ if not im#ossible to tal% of the e2istence
of A.I legislation and #olices through which citizens can effecti&ely en/oy socio-
economic rights in Zimbabwe' 1hat therefore becomes rele&ant in the case of Zimbabwe
is to ad&ocate for the establishment of a holistic constitutional and #olicy framewor% that
gi&es effect to the en/oyment of the right of access to information in the conte2t
guaranteeing and u#holding the e2ercise of the whole #ac%age of socio-economic rights'
.ogether with other restricti&e #ieces of legislation$ the Zimbabwean constitution$ which
does not guarantee the right of access to information and is littered with a #lethora of
restrictions to the freedom of e2#ression needs to be thoroughly re&iewed in the s#irit of
=@
Radio :ialogue has #roduced a sizeable number of musical com#ilations %nown as .a2i tunes' .he songs
are directed at local communities as #art of #olitical$ social and economic ad&ocacy on issues affecting the
communities'
=;
Inter&iew with *holiwe -yoni$ 29;92!
2<
#romoting communicati&e rights that facilitate the e2ercise of other #olitical$ social and
economic rights'
It is in this res#ect that the Zimbabwean go&ernment$ 3i&ic society and other rele&ant
sta%eholders are urged to learn from the #ositi&e as#ects of A.I legislation and #olicies in
South Africa and other /urisdictions with a &iew to coming u# with a constitutional and
legislati&e #olicy framewor% that fosters the e2ercise of the #eo#le0s right to access
information for #ur#oses of socio-economic ad&ancement'
C! $+C%MM+"&A#I%"S
.he following is recommended with res#ect to the de&elo#ment of AI legislation and
#olicies that lin% the fundamental right of access to information to the o&erall cause for
the en/oyment of social and economic rights4
C!! "eed to strengthen linkages with grassroots based organiDations
.here is need for MISA-Zimbabwe to s#read nits networ%ing acti&ities with grassroots
based organizations such as Z3.C and -3A for #ur#oses of #enetrating dee#er into
grassroots communities' In the interest of ensuring that there is awareness on the right to
information$ it is recommended that MISA-Zimbabwe #ro&ides training for ?ublicity
secretaries of -3A 3onstituency 3ommittees around Zimbabwe on the lin%age between
the right to information and other socio-economic rights' .he same training needs to be
a&ailed to members of Z3.C and other grassroots based organisations' -etwor%ing
acti&ities between MISA-Zimbabwe and other membershi# based organisations may also
include a /oint organization and addressing of acti&ities such as #ublic meetings by
MISA-Zimbabwe officials and officials from other organizations' .he addresses must
enlighten the membershi# of different organizations on how the right to information is
%ey to #olitical and socio-economic de&elo#ment'
C!'! Intensification of International Ad6ocacy
.here is need to intensify international lobby and ad&ocacy on the need for a
constitutional$ legal and #olicy framewor% that guarantees the e2ercise of the right to
information' Inn this res#ect$ more cases highlighting the &iolation of freedom of
e2#ression need to be #resented before the African 3ommission on ?eo#le and 7uman
Rights and other rele&ant international #latforms with &iew to #ut #ressure on the
Zimbabwean go&ernment to embrace democratic reforms that guarantee the right of
access to information'
.he international lobby and ad&ocacy needs to be lin%ed with the s#onsoring of more test
cases in which citizens are em#owered to try and obtain information that is rele&ant to
their socio-economic welfare through some #otentially hel#ful clauses in AI??A' As
#ointed out there ha&e been &ery few cases in which attem#ts to obtain information
25
through AI??A' .hese test cases will hel# in further e2#osing the wea%nesses in the
current AI legislation and bring to fore the need for reforms that will ensure the e2istence
of a constitutional framewor% that guarantees a full en/oyment of the right to information'
C!/! 7enetrating $ural areas
As obser&ed$ MISA-Zimbabwe0s ad&ocacy acti&ities are largely concentrated in urban
areas' In the wa%e of the #re&ailing #olitical en&ironment$ there is need for the de&ising
of strategies to raise awareness on the right of access to information among rural
communities' .hrough synergies that already e2ist with organizations that ha&e a
#resence in rural areas such as -3A$ ad&ocacy committees may be set u# in rural areas
with a &iew to coming u# with a##ro#riate strategies for different areas' Strategies for
#enetrating rural areas with the freedom of e2#ression message can include the staging of
community theatre #erformances and the setting u# of community media in the rural
areas' .he rural cam#aign for #romoting the right of access to information can also be
#ro#agated through the #roduction and distribution of rele&ant #o#ular music
com#ilations and #romotional material such as calendars$ .-shirts and ra##ers
(ma3ambia7'

C!4! Undertaking eEtensi6e Ci6ic +ducation on 2uman $ights
3onsidering the le&els of fear among the general #o#ulace and the manner in which ci&ic
society organizations are not coming u# with effecti&e synergies in human rights
ad&ocacy$ it is recommended that there be an e2tensi&e ci&ic education cam#aign to
educate #eo#le on 7uman Rights in general and the im#ortance of the right of access to
information in the e2ercise of these rights in #articular' Rural communities$ schools and
ci&il ser&ants must be targeted' .his cam#aign$ which may be conducted in collaboration
with organizations such as the Southern Africa 7uman Rights .rust (SA7R.)$ the -3A$
Z3.C$ ZI-ASC$ 1omen 3oalition$ organizations in 7I8 Aids ad&ocacy$ Zimbabwe
,awyers for 7uman Rights and ZIM3E. must be underta%en with &iew to ensuring that
citizens are in a #osition to demand and assert their rights$ which include the right of
access to information that is rele&ant for the e2ercise of their socio-economic rights' .his
cam#aign can be by way of /ointly organizing acti&ities such as #ublic meetings$ ci&ic
education wor%sho#s$ #eaceful marches$ #rotests and others that may be rele&ant'
It is notable that organizations such as SA7R. ha&e been able to conduct human rights
education among grou#s of #eo#le including #olice officers' MISA-Zimbabwe could
coordinate with SA7R. to ensure that awareness on the im#ortance of the right to access
information is raised among such grou#s' .here is also need to coordinate with 3SDs
such as the Mirl 3hild -etwor% and multilateral organizations such as the Cnited -ations
:e&elo#ment ?rogramme (C-:?) in ensuring that awareness on the need for the
e2ercise of the right to information is s#read in schools$ es#ecially #rimary and secondary
schools'
2B
C!8! Support for the Community Media initiati6e
In realization of the effecti&eness and rele&ance of the community media initiati&e$ it I
highly recommended that ade>uate financial and technical resources be a&ailed towards
the establishment of community media through which community can en/oy the right of
access to information that is rele&ant to their day to day social and economic needs' In
consideration of the situation #re&ailing in Zimbabwe$ it is highly recommended that
Zimbabwe be #art of the MISA AS* cam#aign' .he cam#aign must be factored into the
MISA-Zimbabwe ad&ocacy #rogramme with a &iew to assisting communities to establish
community media and networ%s such as information clubs through which they can be
able to obtain information that is rele&ant for their social and economic ad&ancement'
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$+..+$+"C+ S+C#I%"
(ooksF dissertations and reports
!mnesty &nternational "eport, -..8$ " Easton Street$ ,ondon$ Cnited *ingdom$ 2!
+rautigam$ :eborah$ Governance and conomy: ! "evie#$ 1ashington :'3'$ .he 1orld
+an%$ "BB"
3hi#are$ ,uc%son$ Media, Freedom and Development: What is the link$ Eree#ress$ My
2@$ MISA$ 1indhoe%
:unn$ 1illiam$ +ublic +olicy !nalysis: !n &ntroduction$ ?atience 7all$ "B5"
Eeltoe$ Meoff$ Media %a# and +ractice in 0imbab#e (8olume ")$ *onrad Adeneur
Eoundation$ 7arare$ 2;
,ouw$ Raymond (ed)$ $ndue "estriction: %a#s &mpacting on Media Freedom in the
S!D'$ Media Institute of Southern Africa$ 1indhoe%$ 2@
Mazango$ Eric$ )elecommunications sector "e*orm: %iberalisation and $niversal service
+olicy in 0imbab#e$ MA .hesis$ Cni&ersity of Dslo$ "BB5
Memeza$ Mzi$ !n !nalysis o* Weaknesses in !ccess to &n*ormation %a#s in S!D' and
Developing 'ountries$ Ereedom of E2#ression Institute (ERI)$ 2!
"eport o* the $nited (ations Special "apporteur on Freedom o* 9pression$ (2)) C-
:oc'@929!=$ January "5$ 2$ #aras @=$ @@' Anne2 2'
"eport o* the +arliamentary +ort*olio 'ommittee on the State o* the +ublic Media$
?arliament of Zimbabwe$ 2!
)he !ccess to &n*ormation and +rotection o* +rivacy !ct: )#o ,ears on$ Article "B$
,ondon and MISA-Zimbabwe$ 7arare$ 2@
Constitutions and Acts of 7arliament
"'.he constitution of the Re#ublic of Malawi
2' .he 3onstitution of the re#ublic of Mozambi>ue
=' .he 3onstitution of the Re#ublic of South Africa
@' .he 3onstitution of the Re#ublic of Zambia
="
;' .he 3onstitution of the Re#ublic of Zimbabwe
!' Access to Information and ?rotection of ?ri&acy Act$ Zimbabwe (22)
<' ?romotion of Access to Information Act$ South Africa$ (2)
MISA 7ublications
"' M&S! !nnual "eport, -..:$ 1indhoe%$ -amibia$ 2;
2' So )his is Democracy?: )he State o* Media Freedom in Southern !*rica$ 1indhoe%$
-amibia$ 22 P 2@
=' Freepress, ;uly -..< = May -../$ 1indhoe%$ -amibia$ 2=
+mbassy 7ublications
"' (e#s = 6ie#s F"OM )5 WO"%D, ;une>;uly -..8$ Cnited States Embassy$ 7arare$
Zimbabwe$ 2!
"ewspapers
"'.he Financial Ga3ette$ June "=$ 22$ 7arare$ Zimbabwe$ 22
9ebsites consulted
htt#499legacy'trans#arency'org9ach9strategies9accessSinfo9im#lSguidelines'html
htt#499za'creati&ecommons'org9learn 9saco#yright9
htt#499www'trans#arency'org
htt#499www'f2i'org'za9odaf'htm
Inter6iews
-ame ?osition held :ate
=2
*holiwe -yoni Mar%eting officer$ Radio :ialogue 29;92!
Stanford Matenda ,ecturer$ -CS. 29;92!
Rashwheat Mu%undu :irector$ MISA-Zimbabwe 29!92!
1ilbert Mandinde ,egal Dfficer$ MISA-Zimbabwe 2"9!92!
Anonymous Accounts 3ler% 2"9!92!
?romise M%wananzi ?resident$ ZI-ASC 2"9!92!
.a%ura Zhangazha :e#uty :irector$ MISA-Zimbabwe 2<9!92!
Z&amaida Murwira Senior Re#orter$ )he 5erald 2<9!92!

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