Journalists can utilise the Freedom of Information Act (FIA) to cover the Gukurahundi community hearings, the proceedings of which are deemed crucial for public accountability and transparency, according to a legal expert.
Lawyer Paidamoyo Saurombe stated that the FIA, in effect since July 1, 2022, provides constitutional rights to access information held by any State or public entity, public commercial entity, or statutory agency necessary to exercise or protect any rights.
These remarks follow the announcement by the National Chiefs Council regarding the exclusion of media, police, army, and intelligence officers from attending the impending Gukurahundi hearings.
Deputy Chief Fortune Charumbira justified the media blackout to encourage victims in remote communities to speak freely.
However, discussions between the Zimbabwe Media Commission (ZMC) and the National Chiefs Council are underway to allow journalists to cover the community outreach meetings in Matabeleland.
In response to inquiries from CITE, Saurombe noted that as the hearings were initiated by the government and chiefs serving the communities, there is no valid reason for barring media coverage.
“If they are denying you, we need to know the kind of provision that they are denying you by,” the legal expert asserts.
Additionally, Zimbabwe’s Constitution guarantees every citizen, including the media, the right to access information held by the State or any institution or agency of the government, ensuring public accountability and transparency.
Saurombe suggested that if the chiefs cite security defence provisions to bar media, the legality of such actions should be scrutinised.
Under the FIA, Saurombe advised that the media “demand” to be part of the hearings and that there should be no justification for denial of access.
Regarding appeals for information requests, the ZMC is mandated to review decisions and address failures to meet standards for assisting applicants, Saurombe highlighted.
Despite granting the media the right to request information, FIA lists categories of information that members of the public and journalists cannot access.
This information includes commercial information, personal and confidential information that can endanger the life of physical safety of an individual, information in a case before the courts, information that can compromise the defence security and safety of the State, information that may compromise the international relations between the State and other parties and Cabinet minutes and documents.
Nevertheless, access to information is guaranteed within the scope of Section 61 of Zimbabwe’s Constitution which provides that every person has the right to freedom of expression which includes freedom to seek and receive ideas and other information.
Both Section 61 and 62 of the constitution guarantee the right of access to information which is broader than the right to access documents
As access to information is one of the rights enshrined in the constitution, Section 11 obligates the State to take all practical measures to protect the fundamental rights and freedoms enshrined in the constitution as well as promote their full realisation and fulfilment.
