pestel analysis
TRANSCRIPT
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.
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
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.
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.
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.
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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 (commonly
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 run-off 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.
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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
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 .
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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 .
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]
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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)
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 per
cent and supply shortages remain To be addressed. The dramatic state of affairs has various root
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 the
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 the
words of Minister of Finance Tendai Biti has died a natural death.
President Mugabe has long accused the European Union (EU) and the United States of sabotage
through the imposition of illegal sanctions which, he maintains, caused the decline of the
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
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impact on the economy as the new governments Short Term Emergency Recovery Programme
(STERP) pointed out in March 2011 is made by measures taken against Zimbabwe, denying the
country the right to access credit facilities from international financial institutions as well as
denying Zimbabwean companies access to lines of credit.6 The governments STERP clearly sets
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 de-industrialization 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.
PUBLIC BROADCASTING IN AFRICA: ZIMBABWE
Zimbabwes economic decline occurred at the time when most African countries were achieving
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 very
low deplorable conditions As the economic conditions worsened, a number of teachers left the
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,
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non-partisan civil service, a vibrant and engaged civil society and it is clear that the inclusive, or
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, the
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
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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 the
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 the
city centre include Quick n Easy, InTouch, DC Africa, Telco and the state operated ComOne.
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 of
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)
at that time. The ISPs included Africaonline, Ecoweb,Telconet, Zimbabwe Online, Zimweb and
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.
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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 well-run and popular
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 (e-
commerce), 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 sink
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.
But despite the vast scope of electronic information and communications technology (ICT) services
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and their availability on the Zimbabwean market, there appears to be an embedded scepticism on the
part of users to take advantage of their existence.
Analysts believe this scepticism is veiled behind a number of factors, key among them the countrys
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 money
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 several
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.
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 that
apart from e-mail, it is used for very little else, 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 e-services are not
being used despite their availability.
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There definitely needs to be more aggressive marketing if e-commerce is going to grow. Both the
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).
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 in
electronic business could do well to improve this position. The growth of e-business 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
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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
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Peoples Rights (the Charter) provide that: Every individual shall have the right to receive
information. The Declaration of Principles of Freedom of Expression in Africa, which the African
Commission on Human and Peoples Rights adopted, further expands the right of access to
information within the African continent.
19 observed that: While the government of Zimbabwes state party report to the
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 on
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 of
the African Charter on Human and Peoples Rights (ACHPR), which places a responsibility on
member States to ensure the implementation of the Charters provisions. However, Article 9 of the
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 Criminal
Law (Codification and Reform) Act for allegedly, participating in a gathering without
seeking authority from the regulating authority and for contravening section 37(1)(b) of the
Criminal Law (Codification and Reform) Act, for allegedly participating in a gathering with
intent to promote public violence, breaches of the peace or bigotry. The employees had
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 the
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 of
Principles of Freedom of Expression in Africa states that:
Public bodies hold information not for themselves but as custodians of the public good
and everyone has a right to access this information, subject only to clearly defined
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rules established by law.
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 information, showing that there is an inherent
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 hold
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 imbalances
between itself and citizens in order to actively and passively resist openness and transparency.