The IPI global network welcomes the enactment of an access to information (ATI) law by the Zambian government. This follows the adoption by the Zambian parliament of the law in early December 2023 after over two decades of tireless advocacy by civil society, as was highlighted by the Media Institute for Southern Africa (MISA) in Zambia. President Hichilema signed the bill into law on December 15, 2023.
“The enactment of the Access to Information Act is a significant milestone for freedom of expression and the media landscape in Zambia as it provides a strong foundation for the enjoyment of the right to information as provided for in the African Charter and Zambia’s Constitution”, said Nompilo Simanje, IPI’s Africa advocacy and partnership lead. “However, as we welcome this piece of legislation, we call on the authorities to ensure that all the necessary mechanisms are put in place to facilitate the full and effective implementation of this law”, she added.
IPI urges the authorities in Zambia to adhere to the provisions of the law and ensure that adequate structures and resources are put in place for its enforcement. This includes awareness-raising interventions targeting members of the public and public officials as well as the appointment of information officers responsible for handling all information requests.
Milestone law
Zambia now joins other countries in southern Africa like Zimbabwe and South Africa, which have had access to information legislation for years.
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.
Zambia’s ATI legislation has been welcomed as a relatively progressive law. For example, it empowers the Zambian Human Rights Commission to sanction bodies or individuals who fail to provide information as requested and also protects whistleblowers. In addition, the law also allows members of the public to make oral requests for information, unlike in many jurisdictions on the continent where only written requests are the recognized way of requesting information, hence discriminating against illiterate people.
“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.
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.
