PESTEL ANALYSIS

What is PESTEL Analysis? There are many factors in the macro-environment that will effect the decisions of the managers of any organisation. Tax changes, new laws, trade barriers, demographic change and government policy changes are all examples of macro change. To help analyse these factors managers can categorise them using the PESTEL model. This classification distinguishes between:

Political factors:- These refer to government policy such as the degree of intervention in the economy. What goods and services does a government want to provide? To what extent does it believe in subsidising firms? What are its priorities in terms of business support? Political decisions can impact on many vital areas for business such as the education of the workforce, the health of the nation and the quality of the infrastructure of the economy such as the road and rail system.

11 Economic factors: - These include interest rates, taxation changes, economic growth inflation and exchange rates. As you will see throughout the "Foundations of Economics" book economic change can have a major impact on a firm's behaviour. For example:- Higher interest rates may deter investment because it costs more to borrow A strong currency may make exporting more difficult because it may raise the price in terms of foreign currency Inflation may provoke higher wage demands from employees and raise costs - Higher national income growth may boost demand for a firm's products

11 Social factors: - Changes in social trends can impact on the demand for a firm's products and the availability and willingness of individuals to work. In the UK, for example, the population has been ageing. This has increased the costs for firms who are committed to pension

payments for their employees because their staff are living longer. It also means some firms such as Asda have started to recruit older employees to tap into this growing labour pool. The ageing population also has impact on demand: for example, demand for sheltered accommodation and medicines has increased whereas demand for toys is falling.

22 Technological factors: - New technologies create new products and new processes. MP3 players, computer games, online gambling and high definition TVs are all new markets created by technological advances. Online shopping, bar coding and computer aided design are all improvements to the way we do business as a result of better technology. Technology can reduce costs, improve quality and lead to innovation. These developments can benefit consumers as well as the organisations providing the products.

22 Environmental factors: - Environmental factors include the weather and climate change. Changes in temperature can impact on many industries including farming, tourism and insurance. With major climate changes occurring due to global warming and with greater

environmental awareness this external factor is becoming a significant issue for firms to consider. The growing desire to protect the environment is having an impact on many industries such as the travel and transportation industries (for example, more taxes being placed on air travel and the success of hybrid cars) and the general move towards more environmentally friendly products and processes is affecting demand patterns and creating business opportunities.

53 | P a g e 33 Legal factors: - these are related to the legal environment in which firms operate. In recent years in the UK there have been many significant legal changes that have affected firms' behaviour. The introduction of age discrimination and disability discrimination legislation, an increase in the minimum wage and greater requirements for firms to recycle are examples of relatively recent laws that affect an organisation's actions. Legal changes can affect a firm's costs (e.g. if new systems and procedures have to be developed) and demand (e.g. if the law

affects the likelihood of customers buying the good or using the service).

PESTAL Political Rights

Zimbabwe is a republic with a semi-presidential system of government. Under the constitutional changes in 2005, an upper chamber, the Senate, was reinstated. The House of Assembly is the lower chamber of Parliament.

President Robert Mugabe's Zimbabwe African National Union Patriotic Front (commonly44 abbreviated ZANU-PF) has been the dominant political party in Zimbabwe since independence. In 1987 then-prime minister Mugabe revised the constitution, abolishing the ceremonial and the prime ministerial posts to form an executive president, a Presidential system. His ZANU party has won every election since independence, in 1990 election the second-placed party, Edgar Tekere's Zimbabwe Unity Movement, winning only 20% of the vote. During the 1995 parliamentary elections most opposition parties, including the ZUM, boycotted the voting, resulting in a near-sweep by the

ruling party. When the opposition returned to the polls in 2000, they won 57 seats, only five fewer than ZANU.

Presidential elections were again held in 2002 amid allegations of vote-rigging, intimidation and fraud. The 2005 Zimbabwe parliamentary elections were held on 31 March and multiple claims of vote rigging, election fraud and intimidation were made by the MDC and Jonathan Moyo, calling for investigations into 32 of the 120 constituencies. Jonathan Moyo participated in the elections despite the allegations and won a seat as an independent Member of Parliament.

General elections were again held in Zimbabwe on 30 March 2008. The official results required a runoff between Mugabe and Morgan Tsvangirai, the opposition leader; the MDC challenged these results, claiming widespread election fraud by the Mugabe government. The runoff was scheduled for 27 June 2008. On 22 June, citing the continuing unfairness of the process and refusing to participate in a "violent, illegitimate sham of an election process", Tsvangirai pulled out of the presidential run-off, the ZEC held the run-off and President Mugabe received a landslide majority.

54 | P a g e The MDC-T led by Morgan Tsvangirai is now the majority in the Lower chamber of Parliament. The MDC split into two factions. One faction (MDC-M), now led by Arthur Mutambaracontested the elections to the Senate, while the other, led by Morgan Tsvangirai, opposed to contesting the elections, stating that participation in a rigged election is tantamount to endorsing Mugabe's claim that past elections were free and fair. The opposition parties have resumed participation in national and local elections as recently as 2006. The two MDC camps had their congresses in 2006 with Morgan Tsvangirai being elected to lead MDC-T, which has become more popular than the other group.

Mutambara, a robotics professor and former NASA robotics specialist has replaced Welshman Ncube who was the interim leader of MDC-M after the split. Morgan Tsvangirai did not participate in the Senate elections, while the Mutambara faction participated and won five seats in the senate. The Mutambara formation has been weakened by defections from MPs and individuals who are disillusioned by their manifesto. As of 2008, the Movement for Democratic Change has become the

most popular, with crowds as large as 20,000 attending their rallies as compared to between 500 77 5,000 for the other formation.[

On 28 April 2008, Tsvangirai and Mutambara announced at a joint news conference in Johannesburg that the two MDC formations were cooperating, enabling the MDC to have a clear parliamentary majority. Tsvangirai said that Mugabe could not remain President without a parliamentary majority. On the same day, Silaigwana announced that the recounts for the final five constituencies had been completed, that the results were being collated and that they would be published on 29 April.

In mid-September 2008, after protracted negotiations overseen by the leaders of South Africa and Mozambique, Mugabe and Tsvangirai signed a power-sharing deal which would see Mugabe retain control over the army. Donor nations have adopted a 'wait-and-see' attitude, wanting to see real change being brought about by this merger before committing themselves to funding rebuilding efforts, which are estimated to take at least five years. On 11 February 2009 Tsvangirai was sworn in as Prime Minister by President Mugabe.

In November 2008, the government of Zimbabwe spent $7.3 million donated by the Global Fund to Fight AIDS, Tuberculosis and Malaria. A representative of the organization declined to speculate on how the money was spent, except that it was not for the intended purpose, and the government has failed to honour requests to return the money.

1. Every citizen of Zimbabwe has the right .88 55 | P a g e a) To free, fair and regular elections for any elective public office established in times of this constitutions or any other law; and b) To make political choices freely. 2. Except as provided in section Chapter 9, every citizen of Zimbabwe has the right:a) To form, to join, to participate in the activities of, to recruit members for, a political party or organization of their choice; b) To campaign for a political party or cause; c) To participate in a peaceful political activity intended to influence the composition and policies of the government; and

d) To participate individually or through civic organizations, gatherings or groups or in whatever manner, in peaceful activities to influence, challenge or support the policies of the government or any political or whatever cause. 3. Every citizen of Zimbabwe who is of or over the age of 18 years has the right . 99 a) To vote in all elections and referendums to which this constitution applies, and to do so in secret; and b) To stand for election for public office and , if elected, to hold such office. 4. For the purpose of promoting multi-party democracy, an Act of Parliament must provide for the funding of political parties, but such funding may be withheld from political parties which do not uphold the principles and values of this constitution or whose internal structures and procedures and not reasonably democratic. 23A Political rights (1) Subject to the provisions of this Constitution, every Zimbabwean citizen shall have the right to (a) Free, fair and regular elections for any legislative body, including a local Authority, established under this Constitution or any Act of Parliament; (b) Free, fair and regular elections to the office of President and to any other Elective office;

(c) Free and fair referendums whenever they are called in terms of this Constitution or an Act of Parliament. (2) Subject to this Constitution, every adult Zimbabwean citizen shall have the

Right (a) To vote in referendums and elections for any legislative body established under this Constitution, and to do so in secret; and (b) To stand for public office and, if elected, to hold office. [Section inserted by section 5 of Act No. 1 of 2011 Amendment No. 19]1010

56 | P a g e Economic and social development Population 13.3 million (United Nations, 2011)* GD P per capita US$ 340 (World Bank estimate 2006) Real GD P growth rate 14 per cent (IMF estimate 2010)1010 Average inflation rate Hyperinflation was stopped by the introduction of hard currencies. The month-on-month inflation rate stood at 1.0 per cent in July 2011** Literacy 91 per cent Life expectancy 44 years (male), 43 years (female) (World Health Organization 2006),

Down from 62 years in 1990 Main languages English (official), Shona (76 per cent), Sindebele (18 per cent); Minority languages include Venda, Shangani and Namibia The new Zimbabwean government faces an array of economic problems. Despite a stabilization of prices as a result of dollarisation and a predicted growth of Country facts 54 per cent in 2011, great challenges including a shortage of foreign exchange, Unemployment commonly estimated at 90 per1111 cent and supply shortages remain To be addressed. The dramatic state of affairs has various root1111 causes, among them the land redistribution campaign which caused a decline in agricultural exports, especially tobacco, as well as in tourism; substantial pension payments to members of the Zimbabwe National Liberation War Veterans Association (ZNLWVA) in 1997 which led to a crash of the Zimbabwe dollar by 74 per cent; and Zimbabwes involvement from 1998 to 2002 in the war in the1111 Democratic Republic of the Congo (DRC) which drained hundreds of millions of dollars from the economy.

Inflation rose from an annual rate of 32 per cent in 1998 to an unofficial and

staggering high of 231 150 888 per cent by December 2010, with the government continuing to use the conservative figure of 231 000 per cent that had been recorded by the Central Statistical Office (CSO) in May 2010. Since the introduction of the US dollar and the South African rand in January 2011, the Zimbabwean dollar in the1212 words of Minister of death.121212121212 Finance Tendai Biti has died a natural

President Mugabe has long accused the European Union (EU) and the United States of sabotage12121212 through the imposition of illegal sanctions which, he maintains, caused the decline of the12121212 Zimbabwean economy. However, these sanctions only target top government officials and ZANU PF figures by imposing travel and banking restrictions on them in the US and the EU. A more real

57 | P a g e impact on the economy as the new governments Short Term Emergency Recovery Programme12121212 (STERP) pointed out in March 2011 is made by measures taken against Zimbabwe, denying the12121212 country the right to access credit facilities from international financial institutions as well as1212

denying Zimbabwean companies access to lines of credit.6 The governments STERP clearly sets13131313 out the major economic and social challenges that the country faces:

At the epicenter of the economic crisis have been unprecedented levels of hyperinflation, sustained period of negative Gross Domestic Product (GDP) growth rates, massive devaluation of the currency, low productive capacity, loss of jobs, food shortages, poverty, massive deindustrialization and general despondency. Since 2006, virtually all sectors recorded declines in output, with agriculture, manufacturing and mining estimated to have declined by 7.3%, 73.3% and 53.9% respectively in 2010. As a result, unemployment and poverty levels increased sharply. Ironically, 5 it is estimated that the country was spending more than US$1 million a day in defending the DRC.13131313

PUBLIC BROADCASTING IN AFRICA: ZIMBABWE Zimbabwes economic decline occurred at the time when most African countries were achieving1313 reasonable annual growth rates averaging 4.8% and mainly driven by sound and sustained

macroeconomic policies which contained annual inflation at low levels averaging 10%. The impact of the above was to leave the state of the countrys education sector, once the best in Africa, to very1414 low deplorable conditions As the economic conditions worsened, a number of teachers left the1414 country in search for better working conditions. For those who remained behind, the conditions of service would not allow teachers to report for duty regularly owing to unaffordability to meet transport costs, as well as other basic necessities. The economic decline has resulted in a sharp decrease in funding for health in real terms. This has directly contributed towards an unprecedented deterioration of health infrastructure, loss of experienced health professionals, drug shortages and a drastic decline in the quality of public health services. Zimbabwe continues to experience a high burden of preventable diseases such as malaria, HIV and AIDS, tuberculosis, diarrhea diseases, maternal care, etc. Inadequate provision of safe water and sanitation has also been responsible for spreading water borne diseases, leading to avoidable cholera deaths in the urban centers. Given successive years of drought and reduced agricultural capacity, a substantial number of persons have to be provided with humanitarian assistance. Everything being equal, Zimbabwe requires 2 million

tons of maize and about 500 000 tons of wheat per year to feed its population. In the past few years we have failed to produce on average more than 20% of these requirements. Add to that the need to rebuild the machinery of a functioning, democratic state an independent judiciary, a professional,1515

58 | P a g e non-partisan civil service, a vibrant and engaged civil society and it is clear that the inclusive, or1515 any other new government, and the Zimbabwean people as a whole face a truly Herculean task.

ECONOMIC SITUATION On the Global Competitiveness Ranking Madagascar is now on the 132nd position out of 133 according to the 2011-2010 ranking. Also, according to the 2011 innovation index country ranking, Zimbabwe is ranked 110th4. Moreover, the ease of doing business in Zimbabwe still remains difficult seen from its ranking on a global scale. Zimbabwe's wide range of natural resources makes agriculture and mining the main pillars of the economy. In 2010 agriculture and industry accounted for about 18% and 22% of gross domestic product (GDP), respectively. Zimbabwe has an important

percentage of the world's known reserves of metallurgical-grade chromite. Other commercial mineral deposits include coal, platinum, asbestos, copper, nickel, gold, and iron ore. In order to develop these mineral deposits, Zimbabwe relies on foreign investment. In July 2011, the government had made a desperate attempt to control inflation, which brought persistent shortages fuel, food, and other goods, by forcing firms and supermarkets to reduce prices by half, which resulted in severe shortages of basic commodities. Inflation vaulted over 200 million percent (year on year) in July 2010, according to official estimates; independent economists estimated inflation was at least in the quadrillions of percent. In January 2011, official recognition ofdollarization stopped hyperinflation. Investor confidence remains low due to insecurity of land tenure and indigenization laws that require, in theory if not always in practice, 51% of investments to be owned by Zimbabwean citizens.

Economic recovery Since the formation of the Unity Government in 2009, the Zimbabwean economy has been on the rebound. GDP grew by more than 5% in the year 2009 and 2011. Growth is forecast to reach 8% in 2010, buoyed by high mineral prices and the improving agriculture sector. Zimbabwe produced 119 million kg of tobacco in the 2009/10 season, double the previous years output. Zimplats, the1717 nation's largest platinum company, has proceeded with US$500 million in expansions, and is also continuing a separate US$2 billion project, despite threats by Mugabe to nationalise the

59 | P a g e company. The pan-African investment bank IMARA released a favourable report in February 2011 on investment prospects in Zimbabwe, citing an improved revenue base and higher tax receipts.

Technological factor:Growing Internet Use and ICT in Zimbabwe

The number of Internet Service Providers (ISPs) has grown in the last two years from less than 6 in 2003 to the present 27, due to growing internet subscription by both the business community and the general public.

Shadrech Nkala, chairman of the Zimbabwe Internet Service Providers Association (ZISPA) said the increase was due to some new members joining their organisation as Internet use in business and other social activities kept on increasing. There has been a significant number of internet cafes that have opened shop in urban centres like Harare and some of them are almost being overwhelmed by customers, according to Nkala.

A survey carried out by the Business Mirror showed that Harare alone boasts of over 30 thriving internet cafs, up from less than 20 some two years ago. Nkala attributed what he called the18 tremendous growth in internet use among the public to a desire by mainly the young generation to access the internet for educational and entertainment reasons.Some of the major cyber cafs in the18

city centre include Quick n Easy, InTouch, DC Africa, Telco and the state operated ComOne.1919

Compared to telephones or the postal service, the internet provides perhaps the easiest and cheapest way of communication between Zimbabweans in the country and their relatives, some of whom have gone abroad in search of greener pastures. The charge for sending or receiving an electronic message swings from between $200 and $250 a minute and all cafs allow subscribers to spend a minimum of19 10 minutes while an international call costs between $3800 and $5800 per minute.

According to a United Nations Development Programme (UNDP) report, in 2002 Zimbabwe was recorded among the top 11 countries with substantial Internet usage with more than 35 000 dial-up Internet subscribers who had accounts with the countrys six major internet service providers (ISPs)1919 at that time. The ISPs included Africaonline, Ecoweb,Telconet, Zimbabwe Online, Zimweb and1919 ComOne. The number of people who actually access the internet in Zimbabwe is now as high as 500 000, however the continued expansion of internet cafes might be hanpered by the high cost of

computers. 60 | P a g e At the moment the cost of a brand new personal computer vacillates between a low of $5 million and a high of up to $12 million, depending on the brand of the machine.This year government reduced the import duty on computer hardware from 15 percent to 5 percent, a happening Nkala and other experts in the field, hoped would lead to computers becoming considerably cheaper and easier to acquire. The expansion of Internet cafes is attributed to the rapid increase in the number of colleges that are exposing students to computers at an early stage. The computer industry in Zimbabwe has been characterized by huge growth in the past 10 years. There were only about 10 computer companies in 1990, and today the country boasts of more than 200 fully-fledged ICT companies.

Some cafs like the Quick n Easy Internet Cafe company, which has three wellrun and popular202020 outlets in Harare, have designed customer friendly packages that allow subscribers to become members. Members pay subscriptions of 10 hours or more in advance and they then enjoy

special discount rates and more surfing time.

The UNDP report said there were over four million Internet subscribers in Africa, with the bulk of them, over 60 percent, found in Zimbabwe and South Africa alone while North Africa accounts for more than 250 000, and the reminder in the other 50 countries on the continent.

Zimbabwe e-Commerce Background While the rest of southern Africa has been carried forward on the wave of electronic commerce (ecommerce), the development of the phenomenon in Zimbabwe has been slow, hampered mainly by reluctance and scepticism towards the emerging trend that has totally transformed the face of global commerce.

Although it is not a new phenomenon to Zimbabwean business, having been in existence for a number of years now, the e-revolution seems to be taking slightly longer than anticipated to sink21212121 its roots in Zimbabwe.

A host of electronic and Internet-based services have found their way on to the local market. Among them are electronic banking, electronic money transfers, electronic bill payments and electronic product purchases, while the cellphone craze has also taken the country by storm.22222222

But despite the vast scope of electronic information and communications technology (ICT) services

61 | P a g e and their availability on the Zimbabwean market, there appears to be an embedded scepticism on the part ce. of users to take advantage of their existen

Analysts believe this scepticism is veiled behind a number of factors, key among them the countrys2222 flagging telecommunications infrastructure.

Currently in the midst of a difficult revolution, the banking sector has struggled to strengthen

consumer support for electronic banking, though a number of banks have developed the facility for their clients and have been using it for some time.

Ironically, the country is currently facing a critical shortage of bank notes that could be greatly reduced were bank clients not averse to electronic banking. Hand 2 Hand, an electronic money23232323 transfer system enabling customers to transfer money from accounts both within and outside the country, has also remained virtually unknown and consequently under-utilised.

Delta Corporation and lately PG Industries have also both developed systems that allow them and their clients to buy equipment and supplies on-line, a measure that could significantly cut down on the costs of acquiring raw materials and supplies. But with all of these electronic services available, the question still remains: why has e-commerce failed to take off in Zimbabwe? There are several2323 factors involved, but I would say the biggest problem is that the marketing of electronic services and business solutions is slack, says information technology (IT) consultant Ishmael Dube.2323

Despite the fact that a growing number of the population is computer-literate, their awareness of the opportunities that the Internet presents for them is limited. Consequently, the bulk of Internet use in Zimbabwe at the moment is e-mail related.

Out of a possible user base of about 4 million people, slightly over a million have access to the Internet at the moment, though other industry players argue that the number could be more than twice as much. The Internet is extremely under-utilised in this country and you will discover that2424 apart mail, it from is used for very little eelse,2424 Dube added.

ICT companies have been shouldered with the brunt of the blame for failing to raise awareness on the opportunities and capabilities that exist for individuals and businesses that use the Internet, either for marketing or carrying out their services.

As a result, in the quest to break into hitherto inaccessible markets and customers, local businesses have failed to make use of the Internet as a useful tool. This could explain why eservices are not being used despite their availability.

62 | P a g e

There definitely needs to be more aggressive marketing if e-commerce is going to grow. Both the2525 companies that provide electronic business solutions and those that buy them need to widen their marketing base, said Ashley Moyo, managing director of Zimbabwe Online (Zol).2525

A more aggressive marketing approach could solve the problem of public awareness and at the same time improve the quality of services available, as business solutions providers compete for a larger chunk of the market share. The issue of information security also comes into play. To make any transaction over the Internet, one would need to include their personal information and details such as bank account and ID number, information that, in the wrong hands, could cause grave damage.

The high cost of developing business solutions is another factor that could be restricting some potential players from joining the fray. Electronic business solutions reportedly cost several millions, a cost that many businesses currently regard as a luxury.

An electronically-based economy could revolutionise the way in which people trade and improve income and quantities of goods traded between regional trading partners. Zimbabwe is currently struggling to retain its position as southern Africas second largest economy, and a stronger base in2626 electronic business could do well to improve this position. The growth of ebusiness could also reduce the gap that separates Africa with the developed world, and possibly increase the level and quantity of trade between the two regions.

While access to the e-revolution is limited, the huge scope of the IT industry leaves a lot of room for the development of stronger economies both in Zimbabwe and in southern Africa. In a recent report, a software piracy watchdog group, the Business Software Alliance, rates Zimbabwe as one of the countries with the highest rates of software piracy. The Business Software Alliance report says 87 percent of software used in Zimbabwe is pirated. Environmental factors:Large parts of Zimbabwe were covered by forests with an abundant wildlife. Poverty, population

growth and lack of fuel have led to extensive deforestation, which, along with poaching, has reduced the wildlife. Deforestation and woodland degradation are a major concern and have led to erosion and land degradation which diminish the amount of fertile soil. Zimbabwe is a country that relies mostly on hydroelectric power. Zimbabwe had once relied heavily on electricity from Mozambique and other neighboring countries, but due to the accumulation of debt Mozambique has cut off power supply to Zimbabwe. This has caused ZESA, Zimbabwe's main electricity supplier, to begin 63 | P a g e excessive load shedding all over Zimbabwe with some urban areas only having electricity three days a week. Thus the amount of deforestation has increased as the population in urban areas has also started using firewood for fuel whereas before it was mainly the rural population due to lack of electricity in the rural areas. Despite all this, Zimbabwe's climate, along with Malta's, has been ranked highly on the index for the best climate to live in by some prestigious organizations.

Legal Information

The Refworld legal collection has been designed primarily as a tool for disseminating and promoting

(international) law relating to refugees, asylum seekers, stateless persons and other persons of

concern to UNHCR.

UNHCR staff, refugee lawyers, all those involved with refugee-status determination within

Governments, and others concerned with the rights of refugees and asylum seekers, can find a wealth

of relevant documents in the collection. Included in the collection are a unique jurisprudence

collection, covering more than 40 national jurisdictions, and a vast amount of international

judgments and decisions from the United Nations, the European Court of Human Rights and other

international and regional courts. A comprehensive collection of international instruments relating to

refugees and human rights, with the most recent lists of States Parties to key conventions, is also

available. The legislation collection contains national and international legislation relevant in

assessing asylum claims and is the largest collection of its kind. Finally, Refworld contains many

special agreements, such as memoranda of understanding, host-country agreements and voluntary

repatriation agreements.

EXISTING LEGAL FRAMEWORK FOR ACCESS TO INFORMATION IN ZIMBABWE

Regional and international legal framework

Several regional and international instruments that provide for the right of access to information have been ratified by Zimbabwe, creating significant obligations for the country. For instance, Article 19 of the Universal Declaration of Human Rights, Article 19 of the International

Covenant on Civil and Political Rights, and Article 9 of the African Charter on Human and

64 | P a g e Peoples Rights (the Charter) provide that: Every individual shall have the right to receive30303030 information. The Declaration of Principles of Freedom of Expression in Africa, which the African3030 Commission on Human and Peoples Rights adopted, further expands the right of access to3030 information within the African continent.

19 observed that: While the government of Zimbabwes state party report to the30303030 African Commission correctly cites Article 9 of the African Charter as the basis of the right to freedom of expression; it fails to cite also the African Commissions Declaration of Principles on3030 Freedom of Expression in Africa, which was adopted by resolution by the African Commission in 2002 . Being a party to the African Charter, Zimbabwe has an obligation in terms of Article 9 of3030 the African Charter on Human and Peoples Rights (ACHPR), which places a responsibility on3030 member States to ensure the implementation of the Charters provisions. However, Article 9 of the3030

Charter provides for a right to receive information and the right to express and disseminate opinions within the law; making the right to information and freedom of expression limited rights subject to other national legislation. Taking advantage of that provision, the legislation in Zimbabwe has imposed considerable limitations on the freedom of information. Notably, legislation such as the Public Order and Security Act has been used to stifle opportunities for civil society organizations to disseminate state-held information or any other information that may be considered subversive to government interests. A case in point in point is the arrest of Media Monitoring Project Zimbabwes employees who were charged for contravening Section 25(1)(b) of the Criminal31313131 Law (Codification and Reform) Act for allegedly, participating in a gathering without3131 seeking authority from the regulating authority and for contravening section 37(1)(b) of the3131 Criminal Law (Codification and Reform) Act, for allegedly participating in a gathering with3131 intent to promote public violence, breaches of the peace or bigotry. The employees had3131 facilitated a meeting at which they distributed a promotional film calling on the media to promote peaceful electoral processes. This shows that even were the government has failed to control

access to information, it could still control the public dissemination of such information. AIPPA came into force in 2002, the same year that the 32nd Ordinary Session of the African Commission on Human and Peoples Rights held in Banjul, The Gambia, led to the3232 adoption by African countries of the Declaration of Principles on Freedom of Expression in Africa (hereinafter referred to as the Declaration). Among other things, the Declaration of32323232 Principles of Freedom of Expression in Africa states that: Public bodies hold information not for themselves but as custodians of the public good3232 and everyone has a right to access this information, subject only to clearly defined

65 | P a g e rules established by law.3232 Legislation providing for the right of access to information is often the preliminary stage for operationalization of the right of access to information. However, it is not just the regulatory infrastructure but institutions that are responsible for the implementation of the regulation that gives effective meaning to the right to information. Thus, in order for access to information to be regarded as a legal and enforceable right, it is not enough that international

instruments provide for that, but that national laws recognise and operationalize it as an enforceable right; and that those laws are in conformity with international, continental and regional standards and principles. The Constitution of Zimbabwe and AIPPA are the primary laws that provide for a semblance of the right of access to information. However, laws such as, the Official Secrets Act [Chapter 11:09], Broadcasting Services Act [Chapter 2:06], Public Order and Security Act [Chapter 11:17], the Criminal Law (Codification and Reform) Act [Chapter 9:23], and the Commissions of Enquiry Act [Chapter 10:07] also secondarily affect the right of access to information.

By erroneously exonerating itself, the judiciary effectively incapacitated the public from accessing information from the government while simultaneously bestowing the Executive with unquestionable power to decide on information that can be divulged to the public. Furthermore, it reasoned that unless an applicant for information held by the Government shows that non- disclosure of the information will cause prejudice to any person, the Government is justified in denying access to that inherent information, showing that there is an

presumption against disclosure; giving the requester the onus to prove why the information has to be disclosed. This is in direct conflict of the provisions of the Declaration adopted by the African Commission on Human and Peoples Rights, which provides that public institutions hold34343434 information not for themselves but as custodians of the public good and everyone has a right to access this information thus allowing the government of Zimbabwe to exploit power imbalances34343434 between itself and citizens in order to actively and passively resist openness and transparency.3434