Protection of Information Bill
Encyclopedia
The South Africa
n Protection of State Information Bill, formerly named the Protection of Information Bill and commonly referred to as the Secrecy Bill, is a highly controversial piece of proposed legislation
which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against transparency and freedom of expression.
Part of the controversy over the Bill stems from the fact that "national interest" is defined very broadly. Critics argue that coupled with too widely granted powers to classify documents as secret in the name of national interest, the Bill will be detrimental to transparent governance in South Africa, as it advocates harsh penalties for disclosure of classified information. Worries have also been raised that the Bill in its current form might not be in line with the constitution.
Although the two are often conflated in contemporary debates over press freedom in South Africa, the proposed Media Appeals Tribunal
is not mentioned in the Protection of State Information Bill.
The Bill was passed by the National Assembly
on 22 November 2011 by a total of 229 yes votes to 107 no votes and 2 abstentions. It still has to be debated by the National Council of Provinces
.
, Congress of the People
, as well as former anti-apartheid activists, such as Nadine Gordimer
. Gordimer, amongst others, have likened the bill to apartheid legislation, enforced by the National Party.
In June 2011 ANC veteran Kader Asmal
warned that the Bill was “fatally flawed” and he called on South Africans to reject it. Former Intelligence Minister Ronnie Kasrils
earlier in the month issued a statement criticising the hasty passage of the bill: having originated under his watch, reported Times Live, it was important to note his criticism, that "civil society is absolutely correct to ask government to think again and not rush in where angels should warily tread."
On the eve of the Bill's approval in Parliament on 22 November 2011, Archbishop Emeritus Desmond Tutu
called on those who would vote “Please [to] hear the warnings of the academics, civil society leaders, labour representatives, media corps, and legal and constitutional experts.” He suggested: "This law will do our people and our country a disservice.”
National Press Club mounted a campaign on 22 November dubbed “Black Tuesday”, making reference to “Black Wednesday”, 19 October 1977, when the former apartheid government banned the newspapers, The World, the Sunday World and a Christian publication, Pro Veritas, as well as almost 20 people and organisations associated with the black consciousness movement. The National Press Club called on people opposed to the bill to wear black clothes, a black ribbon or a black armband.
issued a statement identifying how the bill would pose "deep threats to fundamental principles" enshrined in the constitution, impacting democracy
in South Africa by undermining access to information and freedom of speech.
Professor Jane Duncan
of the School of Journalism and Media Studies at Rhodes University
has suggested (June 2011) that "The Bill represents the single biggest threat to academic freedom since 1994." She added that "while the media and civil society have mobilised admirably against the Bill, universities have been largely missing in action. Now is not the time for silence." Professor Duncan suggested that what she refers to as "The Prevention of Scholarship Bill" would "make the government the arbiter of what can and cannot be researched, which is unconstitutional." It would "lead to irrelevant scholarship that steers away from critical scrutiny of the state" and it would "lead to a society that is unable to resolve its most pressing problems."
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n Protection of State Information Bill, formerly named the Protection of Information Bill and commonly referred to as the Secrecy Bill, is a highly controversial piece of proposed legislation
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against transparency and freedom of expression.
Part of the controversy over the Bill stems from the fact that "national interest" is defined very broadly. Critics argue that coupled with too widely granted powers to classify documents as secret in the name of national interest, the Bill will be detrimental to transparent governance in South Africa, as it advocates harsh penalties for disclosure of classified information. Worries have also been raised that the Bill in its current form might not be in line with the constitution.
Although the two are often conflated in contemporary debates over press freedom in South Africa, the proposed Media Appeals Tribunal
Media Appeals Tribunal
The Media Appeals Tribunal was proposed in an African National Congress 2010 discussion paper, which, in turn, builds upon a resolution adopted at the African National Congress' 2007 National Conference in Polokwane...
is not mentioned in the Protection of State Information Bill.
The Bill was passed by the National Assembly
National Assembly of South Africa
The National Assembly is the lower house of the Parliament of South Africa, located in Cape Town, Western Cape Province. It consists of no fewer than 350 and no more than 400 members...
on 22 November 2011 by a total of 229 yes votes to 107 no votes and 2 abstentions. It still has to be debated by the National Council of Provinces
National Council of Provinces
The National Council of Provinces is the upper house of the Parliament of South Africa under the constitution which came into full effect in 1997...
.
Comparison to apartheid legislation
The proposed ANC bill has received staunch opposition from opposition parties such as the Democratic AllianceDemocratic Alliance
-Current political parties:* Democratic Alliance * Democratic Alliance * Democratic Alliance * Democratic Alliance * Democratic Alliance * Democratic Alliance for the Betterment and Progress of Hong Kong...
, Congress of the People
Congress of the People
The Congress of the People met in Kliptown, Soweto, Johannesburg on June 26, 1955 to lay out the vision of the South African people. The Freedom Charter was the core statement of principles of the Congress Alliance, consisting of the African National Congress , the South African Indian Congress,...
, as well as former anti-apartheid activists, such as Nadine Gordimer
Nadine Gordimer
Nadine Gordimer is a South African writer and political activist. She was awarded the 1991 Nobel Prize in Literature when she was recognised as a woman "who through her magnificent epic writing has – in the words of Alfred Nobel – been of very great benefit to humanity".Her writing has long dealt...
. Gordimer, amongst others, have likened the bill to apartheid legislation, enforced by the National Party.
In June 2011 ANC veteran Kader Asmal
Kader Asmal
Kader Asmal was a South African politician. He was a professor of human rights at the University of the Western Cape, chairman of the council of the University of the North and vice-president of the African Association of International Law. He was married to Louise Parkinson and has two sons...
warned that the Bill was “fatally flawed” and he called on South Africans to reject it. Former Intelligence Minister Ronnie Kasrils
Ronnie Kasrils
Ronald Kasrils is a South African politician. He was Minister for Intelligence Services from 27 April 2004 to 25 September 2008...
earlier in the month issued a statement criticising the hasty passage of the bill: having originated under his watch, reported Times Live, it was important to note his criticism, that "civil society is absolutely correct to ask government to think again and not rush in where angels should warily tread."
On the eve of the Bill's approval in Parliament on 22 November 2011, Archbishop Emeritus Desmond Tutu
Desmond Tutu
Desmond Mpilo Tutu is a South African activist and retired Anglican bishop who rose to worldwide fame during the 1980s as an opponent of apartheid...
called on those who would vote “Please [to] hear the warnings of the academics, civil society leaders, labour representatives, media corps, and legal and constitutional experts.” He suggested: "This law will do our people and our country a disservice.”
National Press Club mounted a campaign on 22 November dubbed “Black Tuesday”, making reference to “Black Wednesday”, 19 October 1977, when the former apartheid government banned the newspapers, The World, the Sunday World and a Christian publication, Pro Veritas, as well as almost 20 people and organisations associated with the black consciousness movement. The National Press Club called on people opposed to the bill to wear black clothes, a black ribbon or a black armband.
Academic responses
The Senate of the University of the WitwatersrandUniversity of the Witwatersrand
The University of the Witwatersrand, Johannesburg is a South African university situated in the northern areas of central Johannesburg. It is more commonly known as Wits University...
issued a statement identifying how the bill would pose "deep threats to fundamental principles" enshrined in the constitution, impacting democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
in South Africa by undermining access to information and freedom of speech.
Professor Jane Duncan
Jane Duncan (South African academic & activist)
Jane Duncan is an academic, public intellectual and activist at the Journalism and Media Studies Department Rhodes University in Grahamstown, South Africa....
of the School of Journalism and Media Studies at Rhodes University
Rhodes University
Rhodes University is a public research university located in Grahamstown in the Eastern Cape Province of South Africa, established in 1904. It is the province’s oldest university, and is one of the four universities in the province...
has suggested (June 2011) that "The Bill represents the single biggest threat to academic freedom since 1994." She added that "while the media and civil society have mobilised admirably against the Bill, universities have been largely missing in action. Now is not the time for silence." Professor Duncan suggested that what she refers to as "The Prevention of Scholarship Bill" would "make the government the arbiter of what can and cannot be researched, which is unconstitutional." It would "lead to irrelevant scholarship that steers away from critical scrutiny of the state" and it would "lead to a society that is unable to resolve its most pressing problems."
See also
- Media of South Africa (section Press freedom)
- Political Repression in Post-Apartheid South AfricaPolitical Repression in Post-Apartheid South AfricaSouth Africa has a liberal constitution that protects all basic political freedoms. However there have been a number of incidents of political repression as well as threats of future repression in violation of this constitution leading some analysts and civil society organisations to conclude that...