12
HH 307-18
HC 4863/18
papers is that the Provisional Voter’s Roll should be availed to it by virtue of the provisions of s
62 (1) and (2) of the Constitution.
Sections 62 (1) and (2) of the Constitution provide for the right to every Zimbabwean
citizen, permanent resident or juristic person to access any information held by the State or any of
its organs at every level provided that the information is required in the interests of public
accountability or for the exercise or protection of a right. For the avoidance of doubt, s 62 of the
Constitution reads as follow:
“Access to information
1. Every Zimbabwean citizen or permanent resident, including juristic persons and the
Zimbabwean media, had the right of access to any information held by the state or by
any institution or agency of government at every level, in so far as the information is
required in the interests of public accountability.
2. Every person, including the Zimbabwean media, has the right of access to any
information held by any person, including the state, in so far as the information is
required for the exercise or protection of a right.
3. Every person has a right to the correction of information, or the deletion of untrue,
erroneous or misleading information, which is held by the state or any institution or
agency of the government at any level, and which relates to that person.
4. Legislation must be enacted to give effect to this right, but may restrict access to
information in the interests of defence, public security or professional confidentiality,
to the extent that the restriction is fair, reasonable, necessary and justifiable in a
democratic society based on openness, justice, human dignity, equality and freedom.”
Section 62 (1) gives a right to persons listed therein to any information held by the State or
other organs as quoted. It does not appear to me that the Provisional Voters Roll which was opened
for inspection by the respondent falls outside the scope of what could be classified as “any
information”. Mr Kanengoni did not argue otherwise and neither did he argue that the Provisional
Voters Roll was not in custody of or held by the respondent in which case it would not be feasible
for the applicant to apply for access to information which was not available. Information within
context, must in logic refer to facts, or details about something. In casu the nature of the
information was known. It was such information as contained in the Provisional Voters Roll.
Whilst the right of access to information is subject to s 62 (4) in terms of which a law must
be put in place to give effect to the right and spell out the limitations to the right, I was not
addressed on the provisions of the sub-section. The respondent did not plead a denial of access
based on any of the restrictive grounds in s 62 (4). This notwithstanding, access to information in
terms of s 62 (1) is subject to the requirement that the information is required in the interests of