After more than 20 years of waiting, Zambia has set the ball rolling in facilitating freedom for media and the public in accessing vital information on governance after it actualized the operations of the Access to Information Law.
Having been an advocacy tool for championing the voices of the people after Zambia transitioned back to multiparty state after 27 years of one party state and Government, Information minister and chief Government minister Cornelius Mweetwa told lawmakers that the time had come for the ATI to be operationalized.
Minister Mweetwa signed the Statutory Instrument No. 35 of 2024 to operationalize the ATI. The action has since been published into a Gazette consenting it as a law.
The Ministry is expected to sign another Statutory Instrument containing regulations pertaining to the ATI as: “It is a common order which has been released to the Government,”
Minister Mweetwa said the action by the Government was a fulfilment of the Government’s promises-pre-election that it sought to ensure that belated Bill, which was actioned by various players, lawyers and other players to see space for people to seek information on matters of government and ensure accountability and transparency.
According to Mweetwa: “The ATI law is an important tool in the promotion of transparency, accountability and people’s participation in the affairs of the nation hence the need to implement it”.
The government is desirous to learn best practices from the experience of other countries which have been implementing the Right to Information (RTI) law since 2020 and before then in its quest to redefine governance.
Various players have raised their hands in praise of the Government action to actualize the ATI with Free Press Initiative and Media Institute of Southern Africa, all media watchdogs saying the gesture was an indication of the Government’s resolve to work with the people and media personnel that seek information as a tenet for democracy.
The Media Institute of Southern Africa Zambia Chapter’s chairperson, Lorraine Chisanga said the Government through the Ministry of Information and Media has done its best to fulfil its election pledge to sign the Statutory Instrument (SI) No. 35 of 2024, operationalises the Access To Information (ATI) Law.
The move is a momentous development marking a significant step towards promoting transparency, accountability and good governance in the country.
With the ATI Law now in effect, citizens are empowered to access vital information on matters of public interest, fostering an environment where informed decision-making and civic participation are not only encouraged but also implemented.
“MISA Zambia and its partners have long advocated for the enactment and implementation of an ATI law as a crucial pillar for democracy and sustainable development,” she says.
Operationalisation of the ATI law signifies the government’s commitment to upholding the fundamental right to information, which is essential for the realisation of other human rights and freedoms.
“For MISA Zambia, the operationalisation of the ATI Law will among other benefits, ensure that governmental actions are open to scrutiny, thereby reducing opportunities for corruption and mismanagement of public resources, allow citizens to meaningfully participate in governance processes and hold public officials accountable,” she said.
The International Press Institute says the action by the Zambian Government was a milestone in entrenching democracy after years of debate and refining as well as advocacy for the ATI to be birthed, to which President Hichilema actualized through signing a bill into law on 15 December last year.
“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.
The law further 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.
