WHAT DOES THE GAZETTED DRAFT CONSTITUTION SAY ABOUT ACCESS TO INFORMATION?

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Clause 40 of the gazetted Draft Constitution which will be tabled at the National Assembly states as follows:

“(1) Every citizen has a right to access to information held by –

  • a public body;
  • a relevant private body performing or having direct or indirect bearing in the execution of a public function; and
  • another person and required for the exercise or protection of any fundamental right or freedom.

(2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person.

(3) The State shall publish and publicise important information affecting the nation in the manner prescribed in an Act of the National Assembly.

(4) An Act of the National Assembly may make further provision to withhold information where the harm to the interest protected under a relevant provision demonstrably outweighs the public interest in disclosure of the information.