Zimbabwe Media Commission | Access To Information
16487
page-template-default,page,page-id-16487,ajax_fade,page_not_loaded,boxed,,qode-child-theme-ver-1.0.0,qode-theme-ver-9.1.3,wpb-js-composer js-comp-ver-4.11.2.1,vc_responsive
 

Access To Information

(1) Subject to section ten, every person shall have a right of access to any record, including a record contain- ing personal information, that is in the custody or under the control of a public body:

Provided that such access shall not extend to excluded information.

(2) Where information can be extracted from a record that contains excluded information, an applicant may have access to the part of the record that is not excluded information.

(3) Nothing contained in this Act shall confer any rights to information or to a record to—

  1. (a)  a person who is not a citizen of Zimbabwe, or is not regarded as permanently resident in Zimbabwe by virtue of the Immigration Act [Chapter 4:02], or is not the holder of a temporary employment or resi-dence permit or students permit issued in terms of that Act;
  2. (b)  any mass media service which is not registered in terms of this Act, or to a broadcaster who is not regis-tered in terms of the Broadcasting Services Act [Chapter 12:06]; and
  3. (c)  any foreign state or agency thereof.

An applicant who requires access to a record that is in the custody or control of a public body shall make a request, in writing, to the public body, giving adequate and precise details to enable the public body to locate the information so requested.

Fees for access to records and related services by public body

Subject to any exemption prescribed under this Act or any other enactment, an applicant shall be required to pay such fee as may be so prescribed for—

  1. (a)  obtaining access to any record; and
  2. (b)  any service rendered in connection with the provision of access to any record by the public body con-cerned.

(1) The head of a public body shall take every reasonable step to assist an applicant and shall, subject to sec- tion eleven or twelve, respond as soon as is reasonably possible in the circumstances, but not later than thirty days, to each request for access to a record.

(2) Where necessary, the head of a public body shall create a record for an applicant if—

  1. (a)  the record can be created from a machine readable record in the custody or under the control of the pub-lic body using its normal computer hardware and software and technical expertise; and
  2. (b)  creating the record will not unreasonably interfere with the operations of the public body.

(1) A response by the head of a public body to a request made in terms of section six shall inform the appli- cant—

(a) whether or not he is entitled to access to the record or a part of the record; and

(b) the place where, time when and manner in which such access will be given.
(2) Where the head of a public body refuses access to a record or part of a record, he shall inform the appli-

cant of the reasons therefor.
(3) An applicant whose request for a record or part of a record has been refused by the head of a public body

may request the Commission to review the public body’s decision.
(4) The head of a public body may refuse a request for a record or part of a record if granting access to such a

record—

  1. (a)  will contravene this Act; or
  2. (b)  will result in the disclosure of personal information pertaining to a third party that is protected from dis-closure in terms of Part III; or
  3. (c)  is not in the public interest.

(1) Where an applicant is granted access to a record or part of a record, the head of a public body shall—

  1. (a)  give him the opportunity to examine such record or part thereof; or
  2. (b)  where the applicant has requested a copy of a record or part of a record, provide him with such copy if itcan be reproduced, and where it cannot be reproduced, give the applicant an opportunity to take notes

    from such record or part thereof.

(1) The head of a public body may extend the time for responding to a request by a further period not exceed- ing thirty days or, with the Commission’s permission, for a longer period if—

(a) (b) (c)

the applicant does not give sufficient detail to enable the public body to identify the requested record; or
a large number of records is requested or is required to be searched, and meeting the time limit will un- reasonably interfere with the operations of the public body; or

more time is needed to consult with a third party affected by the request or another public body before the head of the public body can decide whether or not to give the applicant access to the requested re- cord.

(2) Where the time is extended in terms of subsection (1), the head of the public body shall inform the appli- cant—

  1. (a)  of the reason for such extension; and
  2. (b)  when he should expect a response.

(1) The head of a public body may, within ten days after a request for access to a record is received, transfer the request to another public body if it appears to him that the record is in the custody or under the control of that other public body or affects that other body.

(2) Where a request or a record is transferred in terms of subsection (1), the head of the transferring public body shall notify the applicant of such transfer.

(3) The head of the public body to whom the transfer was made shall respond to the applicant’s request not later than thirty days after receiving the request, unless the time for responding has been extended in terms of sec- tion eleven.

(1) The head of a public body may delegate to any person any function of a head of a public body under this Act, except such power of delegation.

(2) A delegation made in terms of subsection (1) shall be in writing and may contain any conditions or re- strictions the head of the public body considers appropriate.

We work closely with you and carry out research to understand your needs and wishes.