On 22nd November 2011, the Protection of State Information Bill was approved by parliament in South Africa. While the debate about what is international best practice with respect to state secrets is well and good, South Africans and the government would do well to reflect on the basics: who is responsible for creating government and who the government serves.
The answer to both the above questions is the public. In principle, if anything in law changes that allows all or part of government to entrench itself without the necessary public scrutiny, then that should quite rightly raise eyebrows. The South African secrecy bill, as it should, has eyebrows wiggling spastically all over the countryside.
Wonkie has explored the implications of such a law over a year ago in articles such as Dummies Guide to Corruption and in others like freedom of the press in South Africa. While amendments have been made to the bill since those articles were published, the singular point of contention is that there is still no public interest defence in it.
This would essentially mean that the government has sole discretion and much power to hide anything it deems fit. Examples could range from devious military plans to invade Swaziland, details of expenditure for that all important national security meeting held in the Bahamas for the ruling party and close friends, or the amorous escapades of some minister with your lovely daughter. Anything.
It is clear from the amount of protest that the South African public already does not trust the current ANC government – and they have reason not to. Jacob Zuma, the president himself, is implicated in so many scandals and dubious dealings that even Silvio Berlusconi is rumoured to be in awe of him. Bheki Cele, as police chief, would have also wielded such power and likely found a way to hide his dodgy lease under some banner of protecting the public. And it’s not just the opposition protesting the bill – even ANC allies like COSATU are opposed to the bill in its current form.
South African government should be aspiring to increase transparency and expose corruption – ironically as Jacob Zuma himself advocated. This bill, unfortunately, does exactly the opposite. One can only hope that the Constitutional Court, when the debate ultimately reaches that level, will protect more than just the constituents of the ANC. Otherwise, South Africa is well on its way to become a true banana republic.
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Our ANC Government have outdone themselves this time…..they’re even more clever in implementing senseless **** Bill than the **** NATS were!!!
LOL…. you guys are just too much sometime. Sadly, if this does get through the ConCourt I do believe we will be on our way to becoming a real banana republic 🙁
Before anyone asks – I have read the Bill.
How did all those ANC members vote for such a damaging piece of legislation. I bet you if you asked all 226 Yes voters very few would have read the Bill, let alone studied it. They couldn’t have – it was only published on line that morning and looking at calibre of the ANC members who behaved live rabid dogs, I reckon it was hold on to your seat at all costs and when the proverbial hits the fan we will be long gone and wealthy and it will be someone’s elses fault.
The disingenuous excuses for it have surprisingly been seen through by the populance. Once you have all opposition parties agreeing it looks like trouble for the ANC and hopefully we can change the outcome.
We will have to fight this one with all we have because I do not want to see anyone put into jail for telling the truth.
This is, surely, the final act in a play which brings South Africa to its lowest level of literacy. There will be nothing left for newspapers to publish because there will be nothing that is “in the public interest” so there will be no reason to read the newspapers. With no reason to read there will be no reading. With no reading there will be less use of “outdated” skills and we will be back in the dark ages of autocracy and ignorance. And who will be ignorant – why all those people from whom the truth has been so cunningly concealed – not just the ANCYL but the rest of us too!
Brainwashing by default (i.e. not having a chance to hear any other opinion) will turn us into blind, obedient automatons and we will be only too happy when the great big gorillas give us little monkeys a small banana a day.
Viva State Protection!
Viva South Africa !!
Viva JZ and the other gorillas !!!
VIVA
We – the the NEW! IMPROVED! SA – have been swimming in the crap for quite some time but this will surely drown us! The rot is snow-balling and is racing down the hill. Will the last one to leave this beautiful land please switch the lights off, if technology like power still exists at that point.
The media should refer to this bill as the Protection of corruption bill so as to give it the correxct title and it’s real intended purpose.
Lets wait for the Concourt to decide if this bill is in best interest of the country and her people or not. I believe that in each and every country there is information that can put the lives of the people at risk and should by all means be protected. I do not beieve that this bill will only be used to hide corruption and irregular tenders. I still believe that some aspects of it are in best interest of the country. It should not be used to hide corruption but to protect the people of this country against terrorists and other threats to the country.
It boggles the mind to note that ANC fights the existance of democracy even in parliamentary deliberations, this is shown by the attack on mps who have refused to vote suggesting that those that voted in support of this bill are not acting on good will to which they swore oath and owe to the people that voted for them. It is clear to me that they were whipped to line, that defeats democracy worse still in a country where its president is being investigated, one is left to think that there is a lot to hide than the eye can see.
Rio raises some truly valid points but the big problem is the lack of a “pubic interest” clause.
Sure – just about every other country has legislation to protect its secrets – but most of those other countries also have a safeguard built into the law to protect the citizens from unjust use of the law to protect the guilty.
“I do not beieve that this bill will only be used to hide corruption and irregular tenders” [Rio] – the important word here is ‘only’ – it shows that Rio [and, hopefully, most others] realises that the bill/act WILL be used to hide corruption and irregular tenders.
Hopefully ConCourt will also see it this way and will rule the bill/act unconstitutional.
Unlike the USA, Russia, China etc; We are one of the least countries in the world.
As far as technology goes. Apart from Gold, South Africa really has nothing that the rest of the world already has. If we are honest and Law abiding citizens, what would we have to hide from others. BUT! Can the same be said of Governmental Leaders who insist on secrecy in their wheeling and dealing? Hence what on earth do honest governments who insist that they are open to public scrutiny, want with a Secrecy Bill?
What does the President of South Africa want with a secret underground escape tunnel leading from his multi-million Rand home??
I have nothing to hide and do not need secrecy Bills to protect myself or the activities of my staff. We run a clean and open business unafraid of any governmental scrutiny. Those who lead this country should be the same.
Democracy, without information, is a dictatorship
@ Ron: I would like to know how many gates do you have at your home? Do you have an alarm system installed? Does your car have a tracker device installed? Do you have an electric fencing around your house? Do you have a gun? What isd the best way to gain entry to your house?
SA suffered under apartheid, under reverse-apartheid and others. What else is left????? Lets try civil war!
Hi Rio,
Everything I have in the way of a Secure home is advertised on my outside wall.
I don’t need to be secretive about it. The same with my Tracker device. My concern is that I do not need to hide these facts in secrecy. Everyone knows what I have done. But to purposely hide these facts from the public would first of all be illegal and secondly malicious. But what would you say if I worked for you on the condition that my actions in your business was none of your business and protected by a Secrecy clause in my Job description, to which you agreed?
By the way do you have any vacancies?
One small question, when it goes to court its up to Chief Justice Mogoeng Mogoeng to say yes or no. Zuma has just appointed him. Was he granted the post for this reason?
@ Ron. Why do we have to sign a “Confidentiality Clause” in work places if it does not matter if we divulge any information about the compamy to anyone even the competitors of the company we work for? I am very happy that you deemed it necessary and very important to secure your home. Everybody has something to secure/protect including yourself. For vacancies, you can go online: http://www.rio-invest.com.
The ruling party says we are a democratic country. Not even their own members are allowed to have their own view. There is no democracy in forcing them to be there to vote and it had better be “for”. So that just tells me that there is a lot of stuff that would be looked into in the near future which had to be squashed. Just wondering.
Well, I checked the website – no mention of vacancies – not even for an old sarcastic fart like me that just loves puns and other wicked forms of humour.
Sure we all have things we want to protect and sometimes the best way to protect something is to advertise the protection. Sometimes NOT. And, Yes, sometimes a company has to protect its dealings from competitors.
No-one in his right mind would disagree with keeping the troop movements of a state secret from a (potential) hostile group. No-one would seriously object to police undertaking an undercover operation that busts a major crime syndicate. Etc., etc., etc.
But everyone is, or should be, concerned that this legislation does more than what people believe is justified and justifiable. It takes away the right to know the truth of matters which are not sensitive for the State, merely sensitive for the people who ‘run’ the State.
The UK inquiry into the Iraq war delved into ‘state secrets’ and demanded (and got) answers from the top politicians – the, then, Prime Minister, the (at that time) Chancellor of the Exchequer, the legal advisor to the Cabinet. And all this IN PUBLIC.
Can you imagine JZ being questioned by a similar commission on the facts of the Arms scandal?
Or Cele about the lease deal?
We all want to imagine Juju being questioned about the R 16m mansion and the “Trust Fund”
But these three examples all reflect “PUBLIC INTEREST” and the right of all of us to know that we ARE being screwed and WHERE we are being screwed and HOW MUCH we are being screwed for.
They have all been put on the back-burner and the back-burner is now hidden behind a very strong, armour-plated, high-security, steel reinforced, thick concrete wall of 266 blind votes.
Go figure !!!
Not JZ, not Cele and, most certainly, not Juju want their own “Hansie-gate” enquiry.
My Secret is the The South African Criminal Procedures Act. NO Info Bill can Wangle itself around that one. SH!T they will SH!T!!!!!!!!
Everything in this Country is about the ANC, they passed the Gay and lisbians Laws for What? they passed the Children’s Right where they say Children has the Right to disrespect theire Elders and Parents has no right to punish their kids, now they are busy with the this Potection of bill, which Protection of Bill? the same ANC was the one which was involved in fighting against the Apartheid but now to me it seems like they are becoming worse than the same ‘Dead Goverment’what’s going wrong with These ANC Guys?
@Thabiso. It is not true that everything is about the ANC in this country. It is about the people of this country who voted ANC into power. Yes, as a ruling party they decide what it goes, when and how. The DA on the other side is always on a look out to see that ANC does not take this country to the dogs. I really appreciate what the DA does as an opposition party nothing more.
@ Rio, i pray hard that God send us the Political Party which will be able to take This Country Back to the the ‘Fear of the Lord’i was hoping that the ACDP of Mr Meshwe was the one that was going to do that , but of course in this country there is nothing like the BATHO PELE (PUTTING PEOPLES FIRST, in this Country if you are not an ANC Member you can never have any tenders given to you ! in this Country it’s all about ‘GIVE and TAKE believe me when i say this Government sucks big time.
There are none as blind than that see”!It has always been “monkey see,monkey do” and the Reformator Martin Luther was right when he said
“the Devil is the Monkey of God”, aping everything of God that is good by copying it with evil opposites.
Don’t even bother to quote our political parties, religious or otherwise.They all are aping it one way or another for short-term gains and long-term disaster.
He,he,he,why all the stress?all the Progressive Party whities ended p in the ANC,the Liberals as well , why the surprise?the ANC are Fascists ,but hold on to your hats ,there are worst waiting in the wings to take over.Where are the vociferous Democrats?Why doesn’t Obama say anything?Big Business and Socialism Internationale want a decrepit RSA withpeople like the Rotund One ruling our beautiful country , with so much promise , but it will be destroyed, if our People do not vote them out.Even then, who knows , another Lybia?
Lets make a Fund and take the ANC to the International Court of Justice to have this Bill abolished, we would not want Bizos as one of the lawyers.Please Amnisty International, Lawyers without borders , where are you now? The South African People need you,URGENTLY
Another small question. Is this Secrecy Bill being forced on the people of this country to prevent us from ever hearing the truth about the arms deal? I smelled a rat as soon as Humpty Dumpty announced that there would finally be an inquiry. Does he think we are all stupid? He would never allow all the facts to be made public and in so doing hang all his and his cronies dirty laundry out in public. He HAS to get this Secrecy Bill passed otherwise they are all sunk. Is there no way we can get this wanna-be dictator impeached?
Come on, Helen and Patricia!
Come on Bacchus! Have you over imbibed on your wine? Which Progressive Party whites ended up in the ANC?
The leaders were persons of integrity and vigorously fought apartheid.
Their current successors (DA) vigorously fight the excesses if the ANC.
Tony Leon retired as leader and was made the ambassador of Argentina, but you can rest assured that his vote still goes to the DA.
Many whites voted ANC in 1994 hoping to ensure that the Nats were trounced. Many others voted Nat hoping to dilute the ANC vote. A single vote by either of those misguided sets of individuals does not make them “end up in the ANC”.
‘Whatagain’ what do you mean? 50% of them CAN’t read, they are hypnotised
puppets and do exactly what the Hypnotist tells them to do. Those ANC guys are there ONLY to draw an exorbitant salary and fringe benefits and rape the country’s coffers!!!
This law is an abomination. I think the opposition together and Cosatu may be able to make a difference.
I have read about your article and was also discussed on
media eg:Radio 702.I think we should now focus more on closing down
this other small political organisations which we can not see what
they have done or do to bring about change.I think if we could have
only two political parties namely:ANC and the DA.My point am trying to
bring across is that we need a very strong opposition party which
stand as a thread to the ANC and nonsense like this wouldn’t have been
there.We stood against the apartheid regime and why can’t we stand and
fight the ANC with our lives rather.
It is time that someone has to stand up and show the ruling party the
middle finger.It is the future of our children at stake here.When
things goes wrong everybody will be affected by their wrong
decisions.It is no longer a democracy Mr. Mandela fought and prepared
to die for.Why can’t we as South African citizens show some respect to
the man who put his life on the line to achieve what we were trying to
enjoy today untill someone decided to destroy his legacy.
We can stand together both black and white I mean all the people of
South Africa put this demon to bed.We can all close shops and go to
the streets and fight this government until they do the right thing.
Toll roads:A public road belongs to the public and there’s no two way
about it.We must fight again not to pay this toll roads ,we are paying
too much already.The solution for this madness is that the government
should add at least R100 our licences(lisence disk)I think this could
help.I don’t think the government should try and create jobs by
creating another problem else those jobs might not last long.People do
not have money to spent already.Our properties ,cars etc are being
repossessed daily.Where must we take our children,families to?We’re
trying to fight crime and to what I see is that the government is now
creating another monster.What happens if you can not pay this
tolls?You will be labelled a criminal and have your name blacklisted
and even loose your property or jailed for this.
Let an injury to one be for all of us
Am spitting venom.
Concerned citizen
I would have go the same way if i had so many skelletons in my cabinet/ANC funny that we are forced back to aparthied era by our own people we voted for.we should be in a position that we vote into power and out of it if we the people see such behavior from our leaders. WHY are they afraid of transparentcy if they dont do wrong
So so (looking for a good word to use cant even find one in the dictionary) to express my disgust. I find this could be a great blessing in disguise as about 70% of the population has already had to much of the blatant looting and personal expenditure on public money and have vowed never to vote for them again. Lets be positive and unite as the people to save our country from these looters.
@ Isaiha, i fully agree with you, all these small political Parties should unite in order for to save the Democracy of this Country which the people of this country fought for , it was not only the ANC Leaders who suffered from the Apartheid Government, it is our Grandfathers, our brothers and sisters who suffered from the apartheid Era, why should the ANC Leaders be the one who benefit financialy and othewise while many South African Citizen Suffer from Hunger? loss of Jobs? while Millions and Millions of Our Taxes are stolen by the Same People we put in power?those who get Tenders in South Africa are either ANC Members or are Related to the Members of the ANC if not Friends of those in the High Ranks of the ANC? Poor People were supposed to benefit from the RDP Houses but out of 10 People at least 2 benefit, i am living in the East Rand Erea where a certain company came and laid the so called foundations emikhukhwini and simply said people should now start building houses on top of the Foundations and left that was in 1998, somewhere in Free State, toilets were build and not covered and that is from the same Party who promised a honey and the milk to All south Africans, the same Government passed the Gay and lesbians laws, what about the Fear of the Lord our God? What about our Belief as African People? Real AFRICANS do not marry people from the same sex, We African People were known as a Very Proud Nation by other nations.The ANC has adopted the Constitutions from Oversees and implemented it in South Africa without our Concern they tell us about the 50/50 issue, man is equal with a woman, what does the bilbe say about the Family? (do not misunderstand me, both men and WOmen suffered from the same abuse by the Apartheid Goverment and a women shold never feel inferier to a man) Man should love Support and Protect His family,woman should be submissive to her husband and children should respect both their Parents and parents should not provoke their Children, the family that lives in these Principles will never go wrong. that is why there is no order to most families in this Country because the ANC Leaders themselves do not have peace and order. i donot doubt in my mind that this information Bill is meant to protect those who want to freely do their abomination in public and enjoy to see people’s lives going down while they go up unhindered. the reason i am saying these things is that the ANC has failed dissmally to improve the lives of the ordinary man in South Africa,they faild to bring live to the lifeless, hope to the hopeless, but this i know come 2014 the same people who are complaining about this Government will be Voting in numbers for the Same Political Party, Cahnge begins with us(Individually) South Africa Can be a better country if , all of us can stand up like the generation of mid 70’s and say to this Government enough is enough we want to leave our own lives, an African way not an AMerican Way-no matter what solution they may came with to make sure that Pipuls at school respects their teachers and that they pass wellat schools it will not happen, you know why? until coporal punishment is brought back to all South African Schools,this will stop kids brinnging guns, knives, drugs and of caurse having sex at school during school and after school hours, this, will make their teachers to teach and punish those who do not want to do homeworks and who disobey the rules.those who rape and kill, those who are involved in Armed cash heists even though they are arrested they should also face death penalty as long as they are cought in the act,those who come to South Africa illegally and commit crimes right here emzansi shoul be punished severly, as South African Citizen you can not go to Zimbabwe and commit crime there and go unpunished, never! but here Emzansi everyone is free to do anything it is within their rights mos again the churches should also be give more rights to preach the Word of God without fear of being victimised (preach against crime corruption as well as against the Lisbian and gay Spirits and that the fear of the lord Jesus Christ should return e-Mzansi) . well i have run out of the ink, to continue writting will make me fall asleep. lastly,u Jesu uthi uma nibona amanyala endaweni yencithakalo, lowo ofundayo makaqaphlele !!(MATT 24)
when President Zuma was facing all the challenges, all South Afrians believed that he was being the victim of the Politics, we all trusted in him that since he came from the Humble Biginning, he will aunderstand how poor people feels, we fooled ourselves when we thought that Zuma will ever be better than Mbeki,but since from 2009, more corruption has been taking place right under his house(Cabinet Members) why should we vot again for the ANC for more corruption? this country unless we change the way we think about the ANC, every promise that political Parties promise during Elections is nothing but lies, a Councillor from emokhukhwini when they want us to vote for them they always promise to build RDP Houses, build Streets, Storm Drains ECT, we trust them and vote for them, but we never ask ourselves, where exactly will they get money since they don’t even have a simple Capitec Account? where will they get money to build all those RDP Houses yet bahlala Emikhukhwini? and after three months they leave People they voted for end bayohlala kuma Model C houses, when RDP Houses are build be sure that the wind that moves at 40 Knots (speed) will even tear them down and when the community wants to meet with them their reply will be ‘TELL THEM TO MAKE AN APPOINTMENT’ and finally when they meet with the community, they will even tell you about the bajet is thayt (the budget is tight) they can’t even spell the word or write it you know why ? they do not know anything about Education but they know a lot about Politics (Where there is no knowledge(Education) my people Persish)Isaiha ya ne theGovernment that we chose, it’s leaders will suprise you ne? once iphasa le information bill angeke sazi to comment on Wonkie Cartoons, you know why? amafat cats will be commiting corruptions like nobody’s business,they will get fatter and fatter until ba exploda! ya ne? there will be no more freedom of speech from the Meida to the Public, lelizwe liyobuyela kwabamhlophe, linda ubheke lesikhala(wait and watch the Space!!)
@Isaia and Thabiso, i concure with you brothers. All these small parties should unite and one giant opposition party be formed by all means necessary. The sooner we, the citizens of this country come together as one-forget our differences and work towards the demise of the ANC ruling the better.
But then again, all the leaders of these small parties are dictators and racists-they are power hungry. It is going to be another battle to convince them to relinguish power and one intellectual be elected to lead the new opposition party. I still remember when COPE was formed after breaking away from the ruling party, everybody expected it to be one powerful opposition ever in the country. Today COPE is no more-and the real reasons are, the two leaders were fighting for power. Oooh God help this country-it is going to the dogs if not already there.
Going back to the topic at hand, a clean person does not vote for a secrecy bill. Criminals do because they have something to hide. Our sources of information are going to run dry and it will not be easy to expose irregularities.
Journalists and investigators will no longer be able to do their jobs freely. We will be muzzled and won’t be able to comment on Wonkie cartoons any more. Businesses will be run badly and perpetrators are going to go free as they cannot be exposed.
Cabinet ministers and members will do as they please as they cannot be directly challenged by the media. A country like South Africa ruined by corruption and maladministration cannot keep information from it’s people. I find it contradictory that we have a democracy in which citizens do not have the right to information. Irregularities are happening in all the departments-must we remain silent?
Is this secrecy bill a way of promoting illegal acts? In a real democratic country public opinion and participation is considered before a law is passed. But in SA the president and his cabinet pass laws without considering how citizens feel about it. As citizens, we need to stand up and protect our ever failing democracy.
Education , Education, why does the gvt fail the people in education, they are purposely keeping them uneducated so they can keep on lying to them and they are non aware of the looting and corruption going on. The previous regime keeps getting the blame and all sorts of fake propaganda statements are doing the rounds. Many of the previous disadvantaged has taken it upon themselves to improve their education and lifestyle, therefor this info bill is being passed to keep them fooled. Many of them are far better skilled and qualified to have leading positions, plus they are diligent, honest and hardworking, is this a thread to the current leaders? to me it certainly seems so. The previous regime did the same and kept all their doings from the public, censored all publications and radio stations . Also used propaganda to mislead all.. They did not last, and neither will this lot. The interesting fact is the patriots have always been in the minority and never voted in the past and most of us have stopped voting again. Their manifest is just, fair and is adamant about equal rights for all. We were then classed as outcast, and the other name (not going to mention) yet everything they claimed would happen is in fact happening, once again the minority are normally the ones who are (not a racial statement) fair and wants to see the country prosper, and not just for a selected few. In short, there manifest is against political party system and dictatorship. We believe that independent , well qualified, trustworthy and leaders that want to serve the people should be elected from community level to the top. Community leaders should live in the community where they serve. Schools, health and a decent infrastructure should be their prime responsibilities. Discipline should be imposed in all sectors and citizens should also realize that they to have a social responsibility. The only ones to loose out in such a system will be criminals and lazy people. Our justice system is falling apart and we currently have passed South America on crime rate and our murder and crime has become the highest in the world, Nigeria known for con artists, drug peddlars with a population of 150 million still has a lower crime rate then us. People we have to forget the past, living in it all we will find is skeletons , we are alive and should unite and start repairing , show the world what can be done. Nothing is impossible for GOD let us put our trust in HIM and we shall be led to take the right honest, humble and loveable route to a better future for all our people.
Like a fish, the ANC is rotten.
A.N.C. now stands for ABSOLUTELY NO CONSCIENCE
Our country is on its way to hell in a handbasket
The press freedom, government transparency and accountability enshrined in SA’s constitution are key elements to any working democracy. However, these key parts of our constitution came under serious threat last Tuesday when the National Assembly passed the most controversial bill our democracy has ever seen.
The ruling MPs votes for the protection of State Information Bill not only signalled a threat to our democracy, but a betrayal of what many of them fought for. This was clearly evident when struggle veteran and ANC MP Ben Turok left the assembly before the vote. He said this was because he did not believe in the bill in its current form.
Even the ruling party’s alliance partner, Cosatu, has expressed opposition to the draconian bill in it’s current form. Opposition parties even compared it to apartheid legislation. It is a fact that the ruling party really feels threatened by press freedom. We are aware of the rampant corruption that exists in the ANC administration, but would not have known without the media. Even Patricia de Lille’s arms deal dossier would not have come to light if this bill was in place. All is not well with the media, but tactics such as these are not good for democracy.
Thabiso, our prayers will be granted. There will be a new party within the next year, God has been taken out of all our schools and social environments no wonder we are busy raising delinquents. The immoral decay is chewing at our society and yet we allow it to continue. Already every R10 you earn R6 goes to taxes and levies, so we are left with R4 out of every R10. We have the most taxes and levies in the world for the past 15 years and all just to keep the elite living in luxury.