Power and Politics

Human Rights Commission warns of penalties for non-compliance with Access to Information Act

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The Human Rights Commission (HRC) has cautioned that it will begin enforcing administrative penalties against information holders who fail to comply with the provisions of the Access to Information (ATI) Act No. 24 of 2023.

The ATI Act became operational on June 25, 2024, following the issuance of the Commencement Order under Statutory Instrument No. 35 of 2024, published in the Government Gazette by the Minister of Information and Media.

In a statement issued in Lusaka on Thursday, HRC Chairperson, Dr. Pamela Sambo, urged all information holders to intensify efforts towards full compliance with the Act.

Sambo explained that, in accordance with Section 41 of the ATI Act, information holders were granted a two-year progressive compliance period—from June 25, 2024 to June 25, 2026—to align their systems, processes, and records-management practices with the law.

She said the compliance period was intended to give institutions adequate time to organise, maintain, and make information accessible in ways that uphold every person’s constitutional right to access information.

“At the very minimum, information holders are required to proactively disclose basic institutional information, either electronically through digital platforms or in print,” Sambo stated.

She said this includes details on institutional structures, mandates and functions, contact information, and any other relevant material that enhances public access to services.

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Sambo emphasised that after June 25, 2026, compliance will be mandatory for all information holders, including public institutions, private entities, and non-state actors that utilise public funds or possess information of significant public interest.

“After extensive stakeholder consultations and validation processes, the Access to Information Regulations, issued under Statutory Instrument No. 56 of 2025, were published in the Government Gazette on August 29, 2025, pursuant to section 40 of the ATI Act,” she said.

She added that on December 5, 2025, the HRC also published the Access to Information Guidelines through Gazette Notice No. 1624 of 2025 in accordance with section 38 of the Act.

Sambo explained that the Regulations and Guidelines were designed to help information holders understand their obligations under the law, while also guiding the public on their rights and procedures for seeking information.

“To support effective compliance, information holders are encouraged to familiarise themselves with the provisions of the ATI Act, which is freely accessible on both the National Assembly website and the Human Rights Commission website,” she said.

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