Access to information laws are critical as they enable investigative journalists and citizens alike to request information from public institutions, which are obliged to provide such information within reasonable timelines. Such laws, when effectively implemented, promote transparency and government accountability.
In a historic development, Parliament has successfully passed the Access to Information (ATI) Bill, marking a crucial stride towards transparency and accountability in the nation. The bill, a fulfillment of President Hakainde Hichilema’s campaign promise, now awaits the President’s assent to officially become law.
The ATI Bill, which went through its third reading in Parliament this afternoon, seeks to empower the public by providing wider access to information held by government officials. Information and Media Minister and Chief Government Spokesperson Hon. Cornelius Mweetwa, MP, underscored the government’s commitment to fostering public access to information during a press briefing.
Minister Mweetwa highlighted that the legislation is designed to ensure that public resources genuinely benefit citizens. He emphasized that the new law would compel public officers to share information widely, moving away from previous practices of limited disclosure.
“The law will compel public officers to give public information to the broadest audience possible. For example, instead of an officer who is employing staff or procuring goods for a public body only disclosing the information to personal contacts, he or she will be required by law to publicize the information beyond friends and relatives,” explained Minister Mweetwa.
During the parliamentary proceedings, Minister of Justice Mulambo Haimbe stressed that the ATI Bill reflects the government’s commitment to Constitutionalism and the rule of law. He further noted that exemptions, such as information deemed sensitive to national security, were justified in the interest of safeguarding the country’s well-being.
Minister Mweetwa acknowledged the challenges faced in the past regarding the enactment of such legislation, citing concerns over government procedures, privacy invasion, and exposure of corrupt practices by public officials. However, he reassured the public that the new administration had revived the process with enhanced stakeholder consultation and benchmarking against international best practices.
“The New Dawn Government is committed to transparency and accountability as premised among the hallmarks of good governance. And in keeping with the electoral commitment made during the campaigns, we have brought this law to the House just as desired by the people of Zambia,” affirmed Minister Mweetwa.
Zambia’s ATI legislation has been welcomed as a relatively progressive law as it empowers the Zambian Human Rights Commission to sanction bodies or individuals who fail to provide information as requested and also protects whistleblowers.
The Media Institute of Southern Africa (MISA) Zambia has welcomed the decisive and historic action taken by His Excellency President Hakainde Hichileme in signing the Access to Information (ATI) bill passed by Parliament into law.
MISA Zambia Board Chairperson Lorraine Mwanza Chisanga said the momentous occasion signifies a significant step forward in promoting transparency, accountability, and fostering an environment conducive to the principles of good governance.
“President Hichilema's commitment to ensuring the right to access information is a fundamental pillar of democracy, enabling citizens to make informed decisions and actively participate in the democratic processes of our great nation. The signing of the ATI bill reflects a dedication to upholding the principles of open government, a cornerstone in the foundation of a thriving democracy,’’Mrs Mwanza said.
MISA Zambia has since commended the government for recognizing the importance of an informed citizenry and for taking this bold step towards fostering a culture of transparency.
She noted that the ATI law will undoubtedly empower journalists, civil society, and the public at large to access information crucial for fostering public discourse, holding institutions accountable, and contributing to the overall development of Zambia.
“The enactment of the ATI law will enhance the media space in Zambia,” Richard Mulongo, CEO of Bloggers of Zambia, told IPI. “Journalists will be able to have access to information about public affairs, which forms the basis for the inclusion of participation of citizens. Particularly, we expect the law to enhance the status of independent and investigative journalism”, he added.
Zambia Civil Society Organizations’ Coalition, spokesperson Grant Tungay said the enacted Access to information is not perfect, but it is a good start.
“This law will enable us to start to build a culture of openness and transparency and it’s going to take years for us to do this, but let’s start now their good aspects and there are concerning aspects; but ultimately we have to start somewhere, and we can start to sensitize people to start to expect an openness and transparency from government officials,” he said.
“The Access to Information law is not something that a good number of us are happy about because if you look at it critically, it has actually been downscaled from the constitution and now much diluted,” she said.
Meanwhile PF Acting secretary general Nickson Chilangwa said the Access to Information Law is not for the benefit of the media alone but it is for the benefit of the entire nation as this will enhance transparency and accountability on the part of those who have been interested with the mandate to govern our country.
He further said it will enhance democracy and good governance as it equips citizens with the vital information that’s necessary for them to make informed decisions.
According to the United Nations, access to information promotes the participation of citizens in governance, enhances public confidence in government and increases the legitimacy of public institutions. It is an integral part of the fundamental right of freedom of expression, as recognized by Article 19 of the Universal Declaration of Human Rights (1948), which states that the fundamental right of freedom of expression encompasses the freedom to “to seek, receive and impart information and ideas through any media.
Access to information serves as an integral part of freedom of expression and is an important tool for promoting the rule of law, other rights and building trust. It is an enabler for sustainable development in areas such as health, environment, addressing poverty and fighting corruption.
Access to information also It also outlines the procedures to request information and places Zambia’s Human Rights Commission as an oversight institution on such requests.
The Patriotic Front did not succeed in making access to information a reality for Zambia. It established a task force in 2012 with the role of drafting a bill for enactment, and in fact a bill was eventually drafted in June 2012. The country expected legislation for ATI to be in place by the end of 2012. Regrettably, this never happened.
Now, more than twenty years have passed since Zambia’s hopes were raised for an access to information legislative framework. But the New Dawn government has raised fresh hopes of legislation guaranteeing Zambians access to information.
Zambia has become the latest country to enact an Access to Information law, as President Hakainde Hichilema signed the bill last month, more than 20 years since it was first introduced in parliament. While some have welcomed the move, rights activists say the measure still falls short of international standards.
Following successful debates and considerations, the ATI Bill underwent the second reading and committee stages without amendments before being read for the third time. Once President Hakainde Hichilema assents to the bill, Zambia will join the ranks of other African nations, including Kenya, Malawi, South Africa, Tanzania, Angola, and Zimbabwe, where ATI laws are already in place. This landmark legislation is anticipated to strengthen democratic practices and empower Zambian citizens with valuable information for active participation in governance.
While the law is generally considered to be a good piece of legislation, experts have raised concerns about certain aspects, such as a provision allowing the responsible government minister, as a political office-holder, to establish further regulations and exemptions. Experts have also called the law to provide clear procedures on how to lodge information requests.
CHAPTER One Foundation Executive Director Linda Kasonde has called for the withdrawal of the Access to Information (ATI) Bill and the reintroduction of the original Freedom of Information Bill which provides greater safeguards for freedom of expression and the right to privacy.
She said the new Bill not only doesn’t live up to expectations with regard to providing adequate transparency and accountability of public bodies; it also exposes private citizens like Journalists, civil society actors, and even opposition political party members to potential surveillance by public authorities.
Human Rights Commission Spokesperson Mweelwa Muleya is concerned about the mixed reactions from key stakeholders regarding the efficacy of the recently enacted access to information law which remained elusive for over two decades.
“The passing of the law is a positive move that coincides with the goals of the majority of Zambians and that the commission will ensure that the right to access information is promoted and maintained. However, said that the law be reviewed and amended if it fails to sufficiently serve the greater good, as required by key stakeholders such as development activists and journalists, among others, “He said
A call to action A simple, broad definition of information should be added into the Act, along with clear procedures for how to lodge a request for information and a clear regime for fees, also a proper records management regime should be added either to the ATI Act or another legally binding instruments.
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