Pressure on ANC as info bill talks resume

2011-07-24 21:53

Cape Town - Parliament resumes its deliberations on the protection of information bill on Monday with pressure on the ruling party to go beyond concessions promised last month when it came under fire from Cosatu.

During the parliamentary recess, warnings went up from several quarters that the climb-down did not defuse a fundamental threat to freedom of information and expression in the draft legislation.

Among the critics was Nadine Gordimer who said hard-won concessions "are to be understood for what they are - token moves to silence the rejection of the bill".

Like the Nobel literature laureate, academics and activists argue that the legislation was conceived to give the state wide powers of secrecy and cannot be wrested from its origins by lopping away offending clauses.

The ANC last month agreed to restrict the power to classify information to the state security bodies, a dramatic reduction in scope as the bill had previously sought to allow about 1 000 organs of state from ministries to public museums to keep top secret files.

Murray Hunter, the co-ordinator of the Right2Know campaign, said he would now press lawmakers to restrict the instances where intelligence officials could classify information.

"It is better, but it is not great," he said, adding that the bill was essentially about expanding the power of government's security cluster.

As it stood, the state could still draw a veil over any particular issue by proclaiming it a "security matter", with severe implications for the rights of not just the media, but all citizens.


The group, which has sought to spread opposition to the bill from the elite to the poor communities, would rather remaining problems be resolved by MPs but if this failed it would launch a court challenge, he said.

It would also push for a re-wording of the wide definition of national security as cause for classification that currently includes South Africans' "resolve to live in harmony" and has been ridiculed by legal expert Pierre de Vos as "things any Miss World contestant would approve of".

De Vos had deemed the bill clearly unconstitutional.

Wits law professor Iain Currie said the bill's chances of passing constitutional muster were about "50-50" following the concessions, which also included scrapping mandatory jail sentences for possessing and passing on classified information.

Unlike the political opposition, he believes that a complete re-draft aimed only at securing defence secrets was needed instead of the "emergency surgery" being done in the legislature.

"It is not necessarily going to result in workable legislation," Currie said .

"The bill was designed in a different way and a far better way to redesign it would be to start off with legislation aimed at classifying official state secrets."

Currie said an agreement by ruling party lawmakers to remove clauses on the protection of valuable information from the bill was welcome because it did not belong in conventional legislation on state secrets.


But it had created a gap on how to safeguard information in state hands, like home affairs records, and this should be dealt with in separate legislation or regulations.

Currie and Wits colleagues had argued in a discussion paper that a major remaining sticking point on the bill - the absence of a public interest defence - could be resolved by introducing a harm test.

The ANC has not budged on calls for a defence that would allow whistle-blowers and media facing prison for disclosing state secrets to argue that they did so for the public good.

The lecturers proposed that the lawmakers return to a 2008 version of the bill to borrow a provision that prescribes punishment for disclosure only where it could cause serious harm to the country.

"[It] would allow persons to argue and attempt to demonstrate that they have in fact acted in a manner that protected rather than harmed the security of the state."

Hunter has welcomed the proposal and there have been indications that the state security ministry may consider it as a way out of the impasse.

Rights groups, Cosatu and the opposition hope assurances are cast in writing from next week.

Cosatu's parliamentary representative Prakashnee Govender said the concessions, widely seen as a response to the ANC ally's threat of a Constitutional Court challenge, were perhaps "over-reported".

"The direction was encouraging, but we have to see to what extent there is movement on the things that are of concern to us."

Read more on:    cosatu  |  anc  |  right2know  |  murray hunter  |  nadine gordimer  |  pierre de vos  |  media  |  politics

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.