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ATI law in Zambia, a mystery?

Interest groups in Zambia have dropped their ‘ ‘chins in disbelief”  by the authorities’ delay to enact the much touted Access to Information Bill into law, 21-years-after-a harsh reality on press freedom and abrogation of civil liberties of the citizens.

Zambia’s fight for a law to provide latitude for citizens to exercise the freedom of speech and right to know the evolution of democracy as well as the media to access information.

This in the quest to adequately and authoritatively inform, educate and entertain the public over the years appears to have hit a brick war’ following unexplained delays to have a law in place.

The media houses, and watchdogs, cooperating partners, corruption watchdog-Transparency International of Zambia (TIZ), legal brains, among other player have been left wondering in awe at the indecision by the Zambia’s Government to honour what had been lobbied since 2002 and now want answers on the away forward.

The concern comes amid unfulfilled promises by the past and current administration to debate and enact the law.

This comes amid various archaic and outdated legislations harbored by the country-many carried forward from the colonial times, many seditious and carrying punitive penalties, including imprisonment for as long as 20 year or more for disclosing ‘state secrets’’ as enshrined in the Act(s) for people championing their liberties.

Stakeholders that met in Lusaka, July 19 wondered at the delays to enact the much touted bill into law-two decades after the draft was mooted for consideration by lawmakers, arguing that: “Rather it is the “how and when” that seems to be the tough nut to crack”

Officiating at the meeting, TIZ executive Director, Maurice Nyambe noted that the issue of enacting the Access to Information law has remained on the players collective lips for well over two decades now.

It remains a stain on their collective consciousness as a country to date, and that nothing has come to fruition through the enactment of the important piece of legislation.  The case for an Access to Information law is and has always been a compelling one, and in many respects, it has already been made-depriving the players of the various liberties in their quest for freedoms.

From enhancing the participation of citizens in democratic processes, to actualizing our resolve as a country to have an open, transparent and accountable governance architecture, the importance of having such a law is a boat that sailed a long time ago.

“So when it comes to the Access to Information discourse, the what or why does not appear to be the issue. Rather it is the “how and when” that seems to be the tough nut to crack” said Nyambe.

He wonders when the matter will be resolved as time is now of an essence. The interest groups wonder at the sincerity of Governments that have ascended to the helm of Governance since the last proposal for an ATI law.

“Over the course of the last two decades or so, we have had successive governments making very good pronouncements and commitments to enact this law. Unfortunately, as of this evening (Wednesday, July 19), those pronouncements have remained in the peripheral realm of political rhetoric.”

TI-Z, one of the lead campaigners, Nyambe argues has persistently pressured the ruling United Party for National Development (UPND administration to find the cause of the delay and give Zambians their desired freedom to access information on matters of governance let posterity judge them.

We (law campaigners) do take cognizance of some of the measures that the government has taken in a bid to bring the Access to Information law closer to reality, but until that reality actually materializes, we reserve our right to remain skeptical because we have been on this road for far too long.

 The campaigners’ anxiety over the belated enactment of the ATI comes in the context of the minister for information and media, Chushi  Kasanda assuring the Government pledge to ensure the Act was in place before the close of 2023.

She stated that the Government had during a cabinet meeting earlier this year agreed to develop a roadmap leading to the enactment of the ATI, she said in a statement. The Government wanted to ensure that adequate consultation of various interest groups was done before assenting to it and not haphazardly.

Last year, the minister assured various players of the Government’s commitment to ensure the law was enacted without delay.

Tremendous progress towards the enactment of the Access to Information -ATI Bill has been made and that consultations of incorporating the views of stakeholders into the Draft ATI Bill have been concluded.

Soon after coming into office on 12 August 2021, the New Government had recalled the ATI Bill from the Ministry of Justice and circulated it to stakeholders for inputs into the document and formulation.

She, however, assured of the Government’s commitment and that it was the reason it sought to closely work with the media fraternity and ensure the enactment process is concluded as soon as possible.

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