I challenge you to find anything less in the public’s interest
On Tuesday, 22 November 2011, the National Assembly approved the contentious Protection of State Information Bill. The ruling African National Congress (ANC) instructed its members of parliament to vote for the bill – a so-called “whipped” vote – with a r
The implications of this law are far reaching and many have questioned how government could push through such regressive legislation in light of their promise to reduce corruption and improve transparency around state expenditure. If anything the Secrecy Bill will play into the hands of high ranking politicians and connected businessman who wish to keep their business and tender activities under wraps. Government is already quite happy to fob off opposition inquiries by playing the “state secret” card… In the future there will be nothing to prevent the minister of public enterprises from classifying all new prison tender documents as “secret” or for the minister of safety and security to do the same with new police headquarter leases! As the Bill stands the person “leaking” the police headquarters lease story would end up in prison for up to 25 years while the real criminals live it up at the taxpayer’s expense.
The people don’t matter when you will rule till Jesus comes
A brief history of the Bill proves just how poorly South African citizens have been treated by the ruling party. It was first introduced in 2008 by Ronnie Kasrils, then minister of intelligence. His initial stab at the legislation included provisions for whistleblowers to leak information in the public interest without fear of reprisal! This Bill was short-lived and soon thrown out of Parliament. When it reappeared certain clauses were dramatically revised to allow any organ of state – from the largest government department down to the smallest municipality – to classify any document as secret. To make matters worse, anyone found in possession of such a document, whether whistleblower, editor or journalist, would score up to 25 years in jail. Media and civil organisations were immediately up in arms, insisting that the Bill include a public interest defence. Their pleas have fallen on deaf ears.
Why has the ANC-led government pushed through legislation that many experts agree is unconstitutional? We can find our clue in the run-up to the previous elections, when the ANC went on record that they will rule until Jesus comes. Our current government believes they are powerful enough to ignore the many objections to the Bill and renege on their earlier promise (September 2011) to hold wider public discussion on the matter without fear of reprisal. How else would we be voting on the Bill just two months after it was withdrawn to allow for a process of public participation?
A very bad attitude indeed
Government is treating ordinary South Africans with contempt! It is this attitude that guides University of the Free State rector Professor Jonathan Jansen when he says: “A person just has to walk into a state hospital, a weak school or a department of home affairs to see that government has a ‘f*@# you’ attitude toward the people…” It is not difficult to find proof of this contempt. State security minister Siyabonga Cwele went as far as to dismiss opponents of the Bill as "local proxies of foreign spies!" His comments rank right up there with the ongoing anti-West ranting from President Robert Mugabe to the North. Senior ANC member Kasrils is on record condemning Cwele’s statements as "disgraceful" and "inflammatory.”
Perhaps the most offensive part of the entire saga is that the ANC is trumpeting the new legislation as a welcome step forward in erasing the classification of secrets legislation drawn up by the apartheid regime. They are so blinded by their apparent success that they’ve missed the glaringly obvious: The new Bill is every bit as bad as anything produced under the previous regime.
Is this the beginning of the end?
I’m sure you’ve heard the frog in boiling water story… They say if you place a frog in a pot and slowly apply heat it will quite happily boil to death. We can substitute ordinary law-abiding South Africans for the frog as we slowly cook in today’s legislative pot luck. The ANC remains a master of subterfuge and distraction. Within days of passing the Secrecy Bill – something they promised not to do pending further public discourse– they have issued a handful of press statements to divert our attention from the latest legal regression. “ANC weighs plan to tax raw mineral exports,” screams the front page of the Business Day, Thursday 24 November 2011.
Other stories suggest the ANC is ready to move Parliament from Cape Town to Pretoria (soon to be renamed Tshwane whether people like it or not). But the story headlines on news portal iafrica.com are even more sinister. An article titled Government to “assess” ConCourt claims that future decisions of the Constitutional Court will be scrutinised as part of a broader assessment of the transformation of the judicial system… Ironically the Constitutional Court is where the challenge to the Secrecy Bill will eventually end up.
What happens next? The Bill has to go to the National Council of Provinces for approval before going back to the National Assembly. Then the president signs it and it gets gazetted. It remains to be seen what happens over the longer term. Will South Africa soon suffer another ‘State of Emergency’ era? Will we see the return of detention without trial? The bottom line seems to be that once you’ve stolen too much money you will do anything to protect your entitlement.
Editor’s thoughts: Imagine living in a country where a crooked politician could use a “state secret” stamp to hide his role in a corrupt business deal. Oh – hold on – we already do… If the Secrecy Bill goes unchallenged this is the uncomfortable reality we face… Are you for or against a public defence clause being included in the Protection of State Information Bill? Please add your comment below, or send it to [email protected]
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