16 | Zimbabwe Rule of Law Journal general application, and such law includes legislation which applies to everyone in Zimbabwe. This right may be limited only for a purpose that is considered acceptable and compelling in a democratic state66 and the State may enact legislation which may restrict access to certain information. Currently this legislation is the Access to Information and Protection of Privacy Act67 which was, however, enacted prior to the adoption of the Constitution and it is due for realignment. The Constitution allows this legislation to restrict access to information if it is necessary for purposes of protecting or promoting national defence, public security or professional confidentiality.68 Additionally, in terms of section 86 (2) (b, access to information may also be restricted if it is necessary to protect public order, public safety and health. However, it is not enough for the State to merely give one of these reasons as justification for restricting access to information. There must be a rational connection between the nature of the information for which access is being denied and the purpose for such restriction. Put differently, the nature of the information must be such that if released to the citizen, the legitimate purpose for the protection of such information will be undermined. Furthermore, the Constitution unequivocally cautions that, even where restriction is contemplated in order to promote or protect any of the aforementioned legitimate interests, the restriction must not go beyond what is necessary, fair and must be consistent with the values of a democratic society that is based on accountability and transparency69 and must remain reasonable both in terms of the length of time and the amount of information for which access is being restricted. In the next section of this paper, it will be demonstrated that there is no constitutionally justifiable reason for denying a citizen access to the national voters’ roll. To the contrary, the Constitution obliges ZEC to provide citizens with access to the national voters’ roll because it is in the interest of public accountability to do so and it is necessary for the exercise of 66 67 68 69 See s 86 (2) of the Constitution of Zimbabwe, 2013 [Chapter 10:27] See s 62 (4) ibid See ss 62 (4) and 86 of the Constitution of Zimbabwe, 2013

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