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
Select target paragraph3
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