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JSC ordered to release judges' public interviews results
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Freelance journalist Mlondolozi Ndlovu has successfully won a case against the Judicial Service Commission (JSC) before the Public Information Appeals Committee (PIAC), after the JSC initially refused to provide information regarding the results of public interviews held earlier this year for judicial appointments.
The JSC had denied Ndlovu's request, claiming that the results were confidential. The dispute arose after Ndlovu sought the scores of candidates, the list of names submitted to the President, and reasons for the inclusion or exclusion of candidates from the final selection process.
The JSC, citing confidentiality and personal information protection under the Freedom of Information Act (FOIA), refused to attend the hearing on September 23, arguing that the appeal was invalid due to a procedural delay. They contended that the Zimbabwe Media Commission (ZMC) had failed to determine the appeal within the prescribed 30-day period, and thus, the hearing had no legal standing. The commission also argued that it had already fulfilled its legal obligations under the law.
Despite the JSC's objections, the PIAC proceeded to review the case based on the documents submitted by both parties, without requiring further submissions or a formal hearing. In its judgment, the PIAC found that the ZMC had acted within the correct timeframe of 22 days, contrary to the JSC's claims of a 30-day lapse.
The PIAC ruled that the information sought by Ndlovu was of significant public interest, as it pertained to the transparency of a public selection process for judicial appointments, rather than private affairs. It rejected the JSC's argument that the requested information was personal and confidential.
"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 PIAC judgment stated.
The committee ordered the JSC to provide the requested information to Ndlovu within 30 days, unless an appeal is lodged with the High Court. The ruling emphasizes the importance of transparency, public accountability, and access to information in governance, in line with both the FOIA and the Constitution of Zimbabwe.
Ndlovu's case is seen as a victory for media freedom and public access to information, particularly in matters involving government and judicial processes. The JSC, however, maintains that it may appeal the ruling, reiterating concerns about the protection of personal data as outlined in the FOIA.
The JSC had denied Ndlovu's request, claiming that the results were confidential. The dispute arose after Ndlovu sought the scores of candidates, the list of names submitted to the President, and reasons for the inclusion or exclusion of candidates from the final selection process.
The JSC, citing confidentiality and personal information protection under the Freedom of Information Act (FOIA), refused to attend the hearing on September 23, arguing that the appeal was invalid due to a procedural delay. They contended that the Zimbabwe Media Commission (ZMC) had failed to determine the appeal within the prescribed 30-day period, and thus, the hearing had no legal standing. The commission also argued that it had already fulfilled its legal obligations under the law.
Despite the JSC's objections, the PIAC proceeded to review the case based on the documents submitted by both parties, without requiring further submissions or a formal hearing. In its judgment, the PIAC found that the ZMC had acted within the correct timeframe of 22 days, contrary to the JSC's claims of a 30-day lapse.
The PIAC ruled that the information sought by Ndlovu was of significant public interest, as it pertained to the transparency of a public selection process for judicial appointments, rather than private affairs. It rejected the JSC's argument that the requested information was personal and confidential.
"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 PIAC judgment stated.
The committee ordered the JSC to provide the requested information to Ndlovu within 30 days, unless an appeal is lodged with the High Court. The ruling emphasizes the importance of transparency, public accountability, and access to information in governance, in line with both the FOIA and the Constitution of Zimbabwe.
Ndlovu's case is seen as a victory for media freedom and public access to information, particularly in matters involving government and judicial processes. The JSC, however, maintains that it may appeal the ruling, reiterating concerns about the protection of personal data as outlined in the FOIA.
Source - newsday
