Zimbabwe Media Commission | Protected Information
16494
page-template-default,page,page-id-16494,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
 

Protected Information

(1) No information relating to the deliberations of Cabinet or any of its committees shall be revealed or dis- closed to any person who is not authorised to have access to such information.

(2) The information referred to in subsection (1) shall include—

  1. (a)  any advice, policy considerations and recommendations made to Cabinet; and
  2. (b)  any draft legislation or regulations prepared for submission or submitted to Cabinet.

(3) Subsection (1) shall not apply to information contained in a record that has been in existence for twenty- five or more years.

(4) No information relating to the deliberations of a local government body which were held in camera shall be revealed or disclosed to any person who is not authorised to have access to such information.

(5) Subsection (4) shall not apply to circumstances where the deliberations, resolution or draft resolution was made or considered in the presence of members of the public.

(1) The head of a public body may not disclose to an applicant information relating to advice or recommen- dations given to the President, a Cabinet Minister or a public body.

(2) Subsection (1) shall not apply to the following classes of information—

  1. (a)  a public opinion poll;
  2. (b)  a statistical survey;
  3. (c)  an appraisal of an employee of the public body;
  4. (d)  a forecast of the economy;
  5. (e)  information relating to the state of the environment;
  6. (f)  an audit or performance report of a public body;
  7. (g)  a consumer test report or a report of a test carried out on a product to test equipment of the public body;
  8. (h)  a feasibility or technical study, including a cost estimate, relating to a policy or project of the publicbody;
  9. (i)  a report on the results of a field research undertaken before a policy proposal is formulated;
  10. (j)  a report of a committee, council or similar body that has been established to consider any matter andmake reports or recommendations to a public body;
  11. (k)  a plan or proposal to establish a new programme or to change a programme, where the original plan orproposal had been approved or rejected by the head of the public body;
  12. (l)  information that the head of the public body has cited publicly as the basis for making a decision or for-mulating a policy;
  13. (m)  a decision, including the reasons thereof, that is made in the exercise of a discretionary power or an ad-judicative function that affects the rights of the applicant;
  14. (n)  information contained in a record that has been in existence for ten or more years.

The head of a public body shall not disclose to an applicant information that is subject to client-attorney privi- lege.

(1) The head of a public body shall not disclose to an applicant information whose disclosure would—

  1. (a)  prejudice the law enforcement process in any way, including the following—
    1. (i)  revealing the identity of a confidential source of law enforcement information;
    2. (ii)  revealing information relating to criminal intelligence that has a reasonable connection with the detection, prevention or suppression of organised criminal activities;
    3. (iii)  compromising the effectiveness of investigation techniques and procedures used by the law en- forcement agencies;
    4. (iv)  endangering the life or physical safety of a law enforcement officer or any other person;

    or

  2. (b)  prejudice the defence and national security of the country and the safety or interests of the country; or [Paragraph amended by section 25 of Act 5 of 2003]
  3. (c)  prejudice the defence and national security of a foreign country with which Zimbabwe has entered into a defence pact; or
  4. (d)  prevent the detection, prevention or suppression of espionage, sabotage or terrorism; or
  5. (e)  reveal any information relating to or used in the exercise of prosecutorial discretion; or
  6. (f)  facilitate the escape from custody of a person who is under lawful detention; or
  7. (g)  harm the security of any property or system, including a building, a vehicle, a computer system or acommunications system; or
  8. (h)  prejudice the operations of the defence and security forces within or outside Zimbabwe; or
  9. (i)  result in or facilitate the commission of an offence; or
  10. (j)  result in exposing a person to civil liability for disclosing personal information contained in a law en-forcement record; or
  11. (k)  prejudice the custody, supervision or release of a person in custody.

(2) Notwithstanding subsection (1), the head of a public body may disclose—

  1. (a)  the contents of a report prepared in the course of routine inspections by an agency that is authorised toenforce compliance with any enactment;
  2. (b)  the contents of a report, including statistical analysis, on the degree of success achieved in a law en-forcement programme; or
  3. (c)  statistical information on decisions made by the Attorney-General on the prosecution of offences:

Provided that the disclosure of such information will not contravene the prohibitions set out in subsection (1).

(3) The head of a public body may disclose, after the completion of an investigation by the police, the rea- sons for a decision not to prosecute to—

  1. (a)  a person who was aware and had an interest in the investigation, including a victim or complainant, or relative or friend of a victim or complainant; or
  2. (b)  any member of the public, where the investigation had been made public.

(1) The head of a public body may, on the advice of the Minister responsible for local government or the Minister responsible for foreign affairs, as the case may be, refuse to disclose information to an applicant if such disclosure may—

  1. (a)  affect the relations between the government and—
    1. (i)  a municipal or rural district council; or
    2. (ii)  the government of a foreign state; or
    3. (iii)  an international organisation of states;
  2. (b)  divulge information received in confidence from a government, council or organisation referred to in paragraph (a).

(2) Subsection (1) shall not apply to information, other than law enforcement information, contained in a re- cord that has existed for twenty or more years.

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