ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(as amended January 2008)
PART XIII
GENERAL PROVISIONS
90A Appeals to Administrative Court96
(1) Any appeal to the Administrative Court shall be made in the form and manner prescribed and within the period prescribed in the rules of court.
(2) For the purpose of determining an appeal in terms of subsection (1) the President of the
Administrative Court shall be assisted by two assessors.
(3) On an appeal in terms of subsection (1), the Administrative Court may, subject to subsection (4), confirm, vary or set aside the order, determination or decision appealed against and
may make such order, whether as to costs or otherwise, as it thinks just.
(4)97 Where the Administrative Court has upheld an appeal against a refusal by the Commission to register a mass media service in terms of section 69 or a news agency in terms of section 74 or to give permission for the setting up within Zimbabwe of a representative office of a
foreign mass media service in terms of section 90, the Commission shall register the mass media
service or news agency or permit the setting up within Zimbabwe of a representative office of
the foreign media service.
90B Offences and penalties98
(1) Any person who wilfully—
(a) makes a false statement to, or misleads or attempts to mislead the Commission or any
other person in the performance of their duties, powers or functions in terms of this
Act; or
(b) obstructs the Commission or any other person in the performance of their duties, powers or functions in terms of this Act; or
(c) fails to comply with an order made by the Commission;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment
for a period not exceeding two years or to both such fine and such imprisonment.
(2) Any person who wilfully contravenes section sixty-five, seventy-five, seventy-six, seventy-seven or eighty-nine shall be guilty of an offence and liable to a fine not exceeding level five
or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment
91
Regulatory powers of Commission99
(1) The Commission may, with the approval of the Minister, by regulation, order or notice,
prescribe matters that, by this Act, are required or permitted to be prescribed or that in the opin-
96
Section inserted by s. 23 of Act 5.2003.
97
Subsection substituted by s. 20 of Act 20/2007.
98
Section inserted by s. 23 of Act 5.2003.
99
Heading amended by s. 21 of Act 20/2007.
49
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