Right2Know Statement: Minister Cwele pushes back on Secrecy Bill!

The Minister of State Security, Siyabonga Cwele, has just given his response in Parliament to the amendments to the Secrecy Bill, proposed by the NCOP Committee deliberating on the Protection of State Information bill (POSIB).

The Minister has insisted that the Secrecy Bill should override the Promotion of Access to Information Act (PAIA) when the two Acts are in conflict. PAIA is prescribed by the Constitution and must remain the supreme information law.

The Minister also argued that the power to classify secrets should be given to all policeman and soldiers across South Africa. This is outrageous! One can easily imagine, in the light of the recent massacre at Marikana, that little of the valuable information that has emerged would see the light of day if the Minister get’s his way on the Secrecy Bill.

We welcome the Committee’s application to extend its deadline to the end of November. The Secrecy Bill still maintains a number of provisions that threaten the free flow of information in South Africa. We urge Members of Parliament not to rush their important task and to attend to the remaining draconian aspects of the Bill. We will not accept a society of secrets.

These include:

• The Bill will criminalise the population at large rather than hold only those responsible for keeping secrets accountable.
• There is still only a limited Public Interest Defense that is out of step with the Promotion of Access to Information Act (PAIA) and only covers matters such as criminal misclassification of information.
• The risk remains that a whistleblower, journalist or activist who discloses a classified record with the purpose of revealing corruption or other criminal activity may be prosecuted under the “espionage” and related offences clauses to avoid them invoking the public interest defense.
• Draconian sentences of up to 25 years in jail remain.
• The procedure permitting applications for the declassification of classified information is in conflict with PAIA – despite commitments from the NCOP to the contrary. The Classification Review Panel is not sufficiently independent and the simple possession of classified information appears to be illegal even pending a request for declassification and access.
• People can be charged with “espionage”, “receiving state information unlawfully” (to benefit a foreign state), and “hostile activity” without proof that the accused intended to benefit a foreign state or hostile group or prejudice the national security; only that the accused knew this would be a “direct or indirect” result.
• Lastly, information classified under apartheid law and other constitutionally problematic policies will remain classified under the Bill pending a review for which no time limit is set.

FOR INFORMATION/ OR COMMENT:

R2K National Spokesperson: Murray Hunter (072 672 5468)
R2K Gauteng spokesperson: Dale McKinley (072 429 4086)
R2K KZN spokesperson: Desmond D’Sa (083 982 6939)
R2K W. Cape spokesperson: Nkwame Cedile (078 227 6008)
R2K E. Cape spokesperson: Thembani Zion Onceya (078 843 7489)