South Africa: ‘Secrecy Bill’ Closer to Becoming Law

Today, 27 November 2012, marked the last meeting of the Ad hoc Committee on the Protection of State Information Bill.

On behalf of the Committee, I would like to take this opportunity to thank all the people of South Africa, civil society organisations and members of the media who in their various ways made the processing of this Bill enriching and resulting in one of the most elaborate public consultation processes in our Parliament.

Despite the fact that the Protection of State Information Bill (Herein referred to as the “Info Bill”) was a Section 75 legislation, the National Council of Provinces (NCOP) took a decision to convene public hearings and meetings in at least two districts in all nine provinces.

The Committee received written and oral submissions of over 1200 pages from various individuals, civil society organisations and political parties.

In a period of almost eleven months, the Committee convened over forty committee meetings and public hearings. In the period of the processing of the Info Bill, the committee made a total of over 800 changes to the Bill. Therefore, we would like to take this opportunity to congratulate all the members of the Ad hoc Committee, for their unwavering dedication and commitment throughout the processing of the Bill.

The Info Bill, which repeals the Protection of Information Act of 1982 (Act 84 of 1982), provides for the protection of sensitive state information by creating a system of classification, reclassification and declassification of state information. It also creates a framework for the protection of certain valuable state information against alteration, destruction, loss or unlawful disclosure.

The Info Bill resulted in several protests and the establishment of a civil society network that was geared at opposing the Bill. Those opposed to the Bill often describe it as “the biggest affront to democracy since apartheid ended in 1994”.

Some of the critics of the Bill even likened it to the elaborately extensive legislation used by the apartheid regime to silencing the freedom of expression that the ANC and many stalwarts of the fight against apartheid championed and fought for with their lives.

On the main, opposition of the Info Bill is largely due to, firstly, misconception that it does not have a public interest defence clause for those seeking to expose wrong-doing, especially whistle-blowers and the media.

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South Africa: ‘Secrecy Bill’ Closer to Becoming Law