Zimbabwe Media Commission | Information Pertaining to Third Parties
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Information Pertaining to Third Parties

(1) The head of a public body shall, if he intends to give an applicant access to a record that he has reason to believe contains information pertaining to a third party that may be protected from disclosure in terms of Part III, notify the third party, in writing, of his intention to give such access and afford him an opportunity within twenty days after the notice is given to make written representations to the public body explaining why the information should not be disclosed.

(2) Where the head of a public body has been approached by an applicant with a request to give information pertaining to a third party and he does not intend to give the applicant access to such information, he shall notify the third party, in writing, of his intention not to give such access to a record.

(3) The head of a public body shall, when giving notice in terms of subsection (1), also give the applicant a notice stating that—

  1. (a)  the record he has requested contains information whose disclosure may affect the interests or invade the personal privacy of a third party; and
  2. (b)  the third party is being given an opportunity to make representations concerning disclosure; and
  3. (c)  a decision will be made within thirty days on whether or not to give the applicant access to the record.

(4) The notice referred to in subsection (2) shall—

  1. (a)  advise the third party that a request has been made by an applicant for access to a record containing in-formation whose disclosure may affect his interests or invade his personal privacy; and
  2. (b)  describe the contents of the record; and
  3. (c)  state that, within twenty days after the notice is given, the third party may, in writing, consent to the dis- closure thereof.

(1) Within thirty days after notice is given in terms of subsection (1) or (2) of section twenty-six, the head of the public body shall decide whether or not to give access to the record or to part of the record, but no decision may be made before—

(a) the lapse of twenty-one days after the day notice is given; or

(b) the day a response is received from the third party; whichever occurs first.

(2) After reaching a decision in terms of subsection (1), the head of the public body shall give notice, in writ- ing, of his decision to both the applicant and the third party.

(3) If the head of the public body decides to give access to the record or to part of the record, the notice shall state that the applicant will be given access to the record within twenty days after the date the notice is given, unless the third party requests a review in terms of Part X.

1) (a) (b)

The head of a public body shall have a duty to disclose to—
an applicant; or
members of the public or interested or affected persons, whether or not a request has been made;

information concerning—

  1. (i)  the risk of significant harm to the health or safety of members of the public; or
  2. (ii)  the risk of significant harm to the environment; or
  3. (iii)  any matter that threatens national security; or
  4. (iv)  any matter that is in the interest of public security or public order, including any threat to publicsecurity or public order:
    Provided that information concerning any threat to public security or public order shall only

    be disclosed to the relevant law enforcement authorities; or [Paragraph substituted by section 5 of Act 5 of 2003]

  5. (v)  any matter that assists in the prevention, detection or suppression of crime.
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