Zvobgo said AIPPA was worst law he had come across

Former Masvingo legislator Eddison Zvobgo who was chairman of the Parliamentary Legal Committee at the time said the Access to Information and Protection of Privacy Bill was the worst law he had come across in his 20 years in government.

The Bill was the brainchild of Information Minister Jonathan Moyo.

“The original bill was manifestly unconstitutional,” Zvobgo said.

“I can say without equivocation say that, this bill, in its original form was the most calculated and determined assault on our liberties guaranteed by the constitution, in the 20 years I served as cabinet minister and as a member of the cabinet committee on legislation for 16 years of those years.

“What is worse, the bill was badly drafted in that several provisions were obscure, vague, over-broad in scope, ill-conceived and dangerous,” he said.

Full cable:

Viewing cable 02HARARE287, MEDIA REPORT MEDIA BILL; HARARE

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This record is a partial extract of the original cable. The full text of the original cable is not available.

311315Z Jan 02

UNCLASSIFIED     PTO7908

PAGE 01       HARARE 00287 311906Z

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/005W

——————603692 311906Z /03

FM AMEMBASSY HARARE

TO SECSTATE WASHDC PRIORITY 0847

INFO NSC WASHDC

AMEMBASSY PRETORIA

AMEMBASSY LUSAKA

AMEMBASSY WINDHOEK

AMEMBASSY GABORONE

AMEMBASSY LILONGWE

AMEMBASSY LONDON

UNCLAS HARARE 000287

SIPDIS

AF/PD FOR COX, ROBERTSON, SCHLACHTER, AF/S FOR KRAFT, AF/P,

INR/R/MR, NSC FOR JENDAYI FRAZER

E.O. 12958: N/A

TAGS: ZI PREL PHUM

SUBJECT: MEDIA REPORT MEDIA BILL; HARARE

¶1.   DESPITE 36 AMENDMENTS, MORE THAN 20 SECTIONS OF THE

CONTROVERSIAL ACCESS TO INFORMATION AND PROTECTION OF

PRIVACY BILL REMAIN UNCONSTITUTIONAL. THIS WAS SAID BY THE

CHAIRMAN OF THE PARLIAMENTARY LEGAL COMMITTEE, MR. EDDISON

ZVOBGO (ZANU PF, MASVINGO SOUTH), IN PARLIAMENT ON JANUARY

29 WHEN HE PRESENTED AN ADVERSE REPORT WHICH DECLARED THAT

MOST OF THE CLAUSES IN THE AMENDED BILL INFRINGED THE

CONSTITUTION, ESPECIALLY SECTION 20 ON THE FREEDOM OF

EXPRESSION. “THE BILL IN ITS ORIGINAL FORM WAS THE MOST

CALCULATED AND DETERMINED ASSAULT ON OUR LIBERTIES

GUARANTEED BY THE CONSTITUTION IN THE 20 YEARS I SERVED AS

CABINET MINISTER AND AS A MEMBER OF THE CABINET COMMITTEE

ON LEGISLATION FOR 16 OF THOSE YEARS. WHAT IS WORSE, THE

BILL WAS BADLY DRAFTED IN THAT SEVERAL PROVISIONS WERE

OBSCURE, VAGUE, ILL CONCEIVED AND DANGEROUS,” ZVOBGO TOLD

PARLIAMENT. ALTHOUGH THE ATTORNEY GENERAL, MR. ANDREW

CHIGOVERA, DEFENDED SOME OF THE CLAUSES SAYING THEY WERE

CONSTITUTIONAL AND JUSTIFIABLE IN A DEMOCRATIC SOCIETY,

BOTH THE ATTORNEY GENERAL AND JUSTICE, LEGAL AND

PARLIAMENTARY AFFAIRS MINISTER PATRICK CHINAMASA ALSO

CONCEDED SOME OF THE PROVISIONS WERE POSITIVELY

UNCONSTITUTIONAL. HOWEVER THE GOVERNMENT AND THE

PARLIAMENTARY LEGAL COMMITTEE ARE EXPECTED TO MEET THIS

MORNING (JANUARY 30) TO RESOLVE THE DEADLOCK BY DISCUSSING

THEIR CONCERNS AND POSSIBLY COME UP WITH FURTHER AMENDMENTS

FOR DEBATE WHEN PARLIAMENT MEETS IN THE AFTERNOON.

¶2.  EXCERPTS FROM THE PARLIAMENTARY LEGAL COMMITTEE’S

REPORT FOLLOW:

“. . .THE ORIGINAL BILL WAS MANIFESTLY

UNCONSTITUTIONAL. . .I CAN SAY WITHOUT EQUIVOCATION SAY

UNCLASSIFIED

PAGE 03       HARARE 00287 311906Z

THAT, THIS BILL, IN ITS ORIGINAL FORM WAS THE MOST

CALCULATED AND DETERMINED ASSAULT ON OUR LIBERTIES

GUARANTEED BY THE CONSTITUTION, IN THE 20 YEARS I

SERVED AS CABINET MINISTER AND AS A MEMBER OF THE

CABINET COMMITTEE ON LEGISLATION FOR 16 YEARS OF THOSE

YEARS. WHAT IS WORSE, THE BILL WAS BADLY DRAFTED IN

THAT SEVERAL PROVISIONS WERE ‘OBSCURE, VAGUE, OVER-

BROAD IN SCOPE, ILL-CONCEIVED AND DANGEROUS.’ YOUR

COMMITTEE EXPRESSES ITS GRATITUDE TO THE LEADER OF THE

HOUSE. . .HONORABLE PATRICK CHINAMASA, FOR HIS

UNSTINTING HEROISM, THROUGH AMENDMENTS, TO GIVE THIS

BILL A HUMAN FACE. WE APPLAUD THE EFFORT AS HIS

MINISTRY WAS ABLE TO AMEND, REPEAL, RE-WORD SEVERAL

PROVISIONS, WHICH WERE BLATANTLY UNCONSTITUTIONAL. IT

IS A MATTER FOR REGRET THAT SOME UNCONSTITUTIONAL

PROVISIONS STILL REMAIN. IT IS FOR THAT REASON THAT

THE BILL REMAINS UNCONSTITUTIONAL. THE MOST OFFENDING

CLAUSES ARE 14, 37, 40, 47, 52, 54, 67, 68, 69, 70, 71,

72, 73, 74, 75, 77, 80, 82, 86, AND 93. AT STAKE ARE

THE PROTECTIONS OF ZIMBABWEANS ENSHRINED IN SECTIONS

16, 18 AND 20 OF THE CONSTITUTION. . .YOUR COMMITTEE

CONSIDERS THAT THERE IS ABUNDANT EVIDENCE TO SUPPORT AN

ADVERSE REPORT. WE ARE NOT A COURT OF LAW. IF IT

PLEASES THE HOUSE TO OVERRIDE OUR REPORT, WE WILL

REMAIN COMFORTED IN THE VIEW THAT WE DISCHARGED OUR

BURDEN TO THE BEST OF OUR ABILITY.”

SULLIVAN

UNCLASSIFIED

>

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