PART I
P RELIMINARY
1
2
Short title
This Act may be cited as the Access to Information and Protection of Privacy Act [Chapter 10:27].
Interpretation
(1) In this Act—
“accredited” means accredited in terms of section 79;
[Definition inserted by section 2 of Act 20 of 2007]
“applicant” means a person requesting access in terms of section six to a record or information held by a public body;
“code” means the code of conduct and ethics for journalists and mass media services developed in terms of
section 42B(1);
[Definition inserted by section 2 of Act 20 of 2007]
“Commission” means the Zimbabwe Media Commission established by section 38;
[Definition substituted by section 2 of Act 20 of 2007]
“Committee on Standing Rules and Orders” means the Committee of Parliament referred to in section 57(2)
of the Constitution;
[Definition inserted by section 2 of Act 20 of 2007]
“controlling interest”, in relation to a mass media service company, means
(a) the majority of the shares in the company; or
(b) shares representing more than half the share capital of the company; or
(c) shares of a value in excess of half the share capital of the company; or
(d) shares entitling the holder or holders thereof to a majority or preponderance of votes in the affairs of the company;
“Council” means the Media Council constituted in terms of section 42A;
[Definition inserted by section 2 of Act 20 of 2007]
“dissemination”, in relation to any mass media product, includes the sale, subscription, delivery, diffusion or
distribution of periodically printed publications, audio-recorded programmes, electronically distributed
information or teletext programmes;
[Definition inserted by section 2 of Act 5 of 2003]
“excluded information” means records excluded from the application of this Act in terms of section four;
“Fund” means the Media and Information Fund established by section forty-three;
“head”, in relation to a public body, means—
(a) the person designated as the head of a public body in the second column of the Second Schedule;
or
(b) any other person whom the Minister may, from time to time, designate as the head of a public
body for the purposes of this Act;
“injurious allegation” means an allegation which
(a) is false; or
(b) unlawfully infringes a person’s dignity, reputation or privacy;
[Definition inserted by section 2 of Act 20 of 2007]
“journalist” means a person who gathers, collects, edits or prepares news, stories, materials and information
for a mass media service, whether as an employee of the service or as a freelancer;
[Definition inserted by section 2 of Act 5 of 2003]
“journalistic privilege” means the rights and privileges attaching to the profession of journalism, including,
but not limited to, the privileges of an accredited journalist referred to in section 78;
[Definition inserted by section 2 of Act 20 of 2007]
“judicial administration record” means a record containing information relating to a presiding officer or a
justice of the peace, including—
(a) scheduling of presiding officers and trials;
(b) the content of judicial training programmes;
(c) statistics of judicial activity prepared by or for a judge;
“law enforcement” includes—
(a) policing, including criminal intelligence operations; or
(b) investigations that lead to a penalty or sanction being imposed; or
(c) proceedings that result in a penalty or sanction being imposed; or
(d) control of immigration; or
(e) national defence and security; or
(f) maintenance of public order;