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Baseline
report on the State of Access to Information in SADC
Freedom of
Expression Institute (FXI)
January,
2006
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ZIMBABWE
Overview of
Legal Framework and Constitution
The
constitution of Zimbabwe Act, 1979 protects the right to information
under the wide
contours of the right to freedom of expression. Article 20(1) of
the constitution provides
that:
"(1) Except with
his own consent or by way of parental discipline, no person shall
be hindered in the enjoyment of his freedom of expression, that
is to say, freedom to hold opinions and to receive and impart ideas
and information without interference, and freedom from interference
with his correspondence."
Article 20(2)
further provides for the limitation of the right to freedom of expression
in the interest of defence, public safety, and public order, the
economic interests of the state and public health and morality.
The section reads:
"(2) nothing
contained in or done under the authority of any law shall be held
to be in contravention of subsection (1) to the extent that the
law in question makes provision:
(a) in the interests
of defence, public safety, public order, the economic interests
of the State, public morality or public health."
What is in the
interest of defence, public safety, public order, the economic interests
of the state and public health and morality is defined broadly to
include the protection of the reputations, rights and freedoms of
other persons or the private lives of persons concerned in legal
proceedings; the prevention of the disclosure of information received
in confidence and maintenance of the authority and independence
of the courts or tribunals or Parliament (Article 2(a)(i) – (iii).
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