FREELANCE journalist Mlondolozi Ndlovu has won a case against the Judicial Service Commission (JSC) before the Public Information Appeals Committee (PIAC) after the former had refused to furnish him with information pertaining to the results of public interviews held early this year.
The JSC had refused to give Ndlovu the results of public interviews for the hunt of new judges saying they were confidential.
The commission refused to attend to the hearing of the matter which was scheduled on September 23, saying it was a nullity.
JSC argued that the commission had failed to determine the appeal within the prescribed timeframe of 30 days in terms of section 38(3) of the Freedom of Information Act [Cap 10.33] hereinafter referred to as FOIA .
JSC further argued that it was not obligated to appear at a physical hearing and make further submissions as it had already timeously complied with all incumbent legal requirements of the law in relation to the appeal and they concluded that the hearing had no legal standing as the Zimbabwe Media Commission (ZMC) had failed to make a decision within 30 days of the filing of the appeal.
However, the PIAC decided to deal with the matter on papers filed on record by both parties, saying it would be unfair to hear further submissions from Ndlovu, hence the need of a formal hearing was dispensed off.
The PIAC in its judgment disputed that the time of 30 days had lapsed when ZMC was supposed to lodge its decision, as alleged by the JSC, saying it was only 22 days.
In its ruling, the PIAC found that the information requested by Ndlovu pertains to the public selection process for judicial appointments, which is a matter of significant public interest.
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“The scores and names of candidates submitted to the President are not classified as personal information under the provisions of the Freedom of Information Act, as they do not pertain to the private affairs of individuals, but rather to the transparency of a public process.
“The arguments presented by the JSC regarding the protection of personal information and the confidentality of deliberations do not sufficiently justify the blanket denial of access to the requested information in the matters of Namatai Kwekweza v. The Minister of Information, Publicity and Broadcasting Services,” the PIAC ruled.
“The JSC is hereby ordered to provide the requested information to the appellant within 30 days of this judgment if no appeal is lodged to the High Court. Respondent has a right to appeal to the High Court in terms of the applicable rules of the High Court.
“This serves to uphold the principles of transparency in public governance, accountability, and the public’s right to access information, as mandated by both the Freedom of Information Act and the Constitution of Zimbabwe.”
Ndlovu is seeking to be furnished with the scores of candidates who participated in public interviews, a list of names submitted to the President for selection, reasons for the inclusion and exclusion of candidates from the list.
The JSC denied this request, citing provisions of the Act that provides personal information and confidential deliberations.
It further contended that the requested information is protected under Section 21 of the Freedom of Information Act, arguing that candidates’ score cards are personal information requiring consent for disclosure.
