While the Commission recognises the need for the State to effectively protect specific information in the interests of the country and the amendments it has made to the Bill to date, it remains concerned that the absence of public interest as a defense creates a strong suspicion of uncontested and complete secrecy.

Despite provisions in the Bill which make false classification unlawful, members of the public and the media will be extremely frustrated in attempting to prove or establish such illegality by virtue of the very provisions of the Bill in the absence of a public interest defense. The Commission expressed its concern about the impact of the Bill on the rights of journalists and whistleblowers who release information in the public interest and face the prospect of lengthy imprisonment sentences in the absence of a public interest defense in the Bill.

SA’s Constitutional Democracy demands that the impact of legislation which could potentially unfairly limit basic rights be approached with extreme caution. The Commission previously recommended to the National Assembly that broader public consultation was necessary. This must happen when the bill is before the National Council of Provinces. Broad consultation will deepen society’s awareness of the Bill. It will also ensure that the views of people who will potentially be negatively impacted by the Bill are taken into account when the NCOP finalises the Bill.

ENDS

For further enquiries: Vincent Moaga on 073 562 9866