Please indulge this brief diversion
from the blog topic. Yesterday, 22 November 2011, was “Black
Tuesday” in South Africa. Parliament was set to vote on a
controversial piece of legislation, the Protection of State
Information Bill. Basically, this Bill replaces Apartheid-era
legislation governing state secrets. Although this may sound like a
good thing, and the legislation is progressive in some aspects, it
gives sweeping powers to organs of state to classify information.
Any person who comes into possession of such classified information
is mandated to immediately go to their nearest police station and
hand in the classified information. Should they not do so, and be
found guilty of such in a court of law, they would face a minimum
sentence of 15 years! Most controversially, there is no provision
for a public defense clause. This means that even if the classified
information proves a criminal act by a state official, you would
still be in contravention of the Bill. Although this legislation
affects all citizens' rights, it has the potential to have a
particular chilling effect on investigative journalism in SA. Media
groups have been vociferous in their opposition to this Bill. There
is widespread suspicion that the sole purpose of the Bill is to
silence the media, in the wake of a never-ending stream of exposés
of high level government corruption. Basically, all that ANC
officials have to do is classify information which implicates them in
corruption, and they become untouchable.
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| The Good Reverend addressing the faithful |
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| Poster art |
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| More poster art |
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| Mob with a mission |
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| Recycled surfboard |
I attended a demonstration in front of
the gates of Parliament on Tuesday. It was heartening to see a
turnout of over 2000 concerned citizens. However, the ANC used its
parliamentary majority to ram this Bill through. It is our darkest
day since 1994. Our democratic rights are now being eroded by the
very people who liberated this country. On a positive note, the Bill
still has to be approved by the upper house [National Council of
Provinces] and by the President. Although these approvals are almost
a certainty, there is every chance of certain aspects of the Bill
being declared unconstitutional by the Constitutional Court on an
appeal, which is certain to follow final approval of the legislation.
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| Zachie Achmat [Treatment Action Campaign] speaks |
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| Nick Dawes [Mail and Guardian Newspaper] speaks |
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| Yusuf Abramjee [Primedia] speaks |
The real question is, why is the ANC so desperate to ram legislation
through Parliament, which every eminent legal brain in the country
claims will not withstand Constitutional scrutiny? Does it perhaps
have anything to do with their now legendary thieving, looting,
tender rigging and corrupt ways? Their days in power are numbered:
we are not the fools they take us to be.
