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A banner objecting to the Protection of State Information Bill hangs outside the Central Methodist Mission Church on Burg Street in Cape Town. Photo: Henk Kruger
Pickets, protests and a show of force by the country’s print and broadcast media are on the cards on Tuesday when the bitterly contested Protection of State Information Bill comes before the National Assembly for a vote.
The National Assembly’s programming committee decided last Thursday to schedule the bill for on Tuesdya. The day is being called “black Tuesday” and South Africans are being asked to wear black to show their opposition to the bill.
While the ANC’s majority in the National Assembly is expected to ensure the bill will pass this hurdle on its way to becoming law, opposition parties are expected to make declarations at Tuesday’s sitting, setting out their reasons for opposing it.
Objectors have repeated their call on the ANC to “do the right thing” and introduce a public interest clause, to help protect civil society from the abuse of power.
Yusuf Abramjee, chairman of the National Press Club, told the Cape Argus on Monday: “It’s crunch time – time for us all to stand up, to unite and say to this government that we will not sit back and have our constitutional rights taken away from us … that you cannot infringe on our rights.”
He urged members of the media to pack the public gallery in Parliament, “to send a clear message to MPs” about the bill’s dangers.
In a statement on Monday, he said that the NPC’s likening of Tuesday’s vote to the infamous 1977 Black Wednesday, was “nothing short of a reckless hyperbole aimed at peddling misinformation and distorting history”.
The vote was originally scheduled for Wednesday.
Western Cape premier Helen Zille told the Cape Argus on Monday: “In history, this will be seen as a watershed moment. Because it will be the moment the ANC completely cut itself loose from its moorings linked to those values that inspired the struggle against apartheid.
“It gives licence to power abusers to classify documents that are in their interest to keep secret,” she said, adding that the ANC’s support for the bill had direct relevance to President Jacob Zuma’s personal situation.
“Jacob Zuma is publicly committed to fighting corruption, yet he’s never dealt with the charges against him.
“And he has since appointed (Mac) Maharaj as his spokesman … they don’t want the truth to come out,” Zille alleged.
Zille’s counterpart in the Western Cape legislature, the ANC’s Lynne Brown, said: “There are too many checks and balances built into the bill (to be concerned). I support it.”
The national co-ordinator of Right2Know, Murray Hunter, said that while the bill was now limited to core state security bodies, its long-term impact could include fuelling a culture of unaccountability, of secrecy being cited by different spheres of government as a reason for denying the public information.
“I’m particularly concerned about the long-term effects on service delivery and accountability,” he said.
Hunter said the bill left “every South African” vulnerable.
Once approved by the National Assembly, the bill has to go before the National Council of Provinces ( NCOP).
Pressure is expected to be applied on the NCOP to conduct its own round of public hearings on the bill, which could take the process into the new year.
It could set up its own ad hoc committee or refer it to an existing committee, which could then hold provincial hearings and take submissions.
The NCOP can pass the bill as it stands, pass it subject to amendments proposed by it, or reject the bill. If it passes the bill unchanged, it then goes to Zuma for his signature to become law.
Should the NCOP amend the bill, the new version will have to go back to the National Assembly again to be re-considered, with the amendments.
The National Assembly can pass the bill again, either with or without the amendments, or decide not to proceed with the bill.
Once approved by the National Assembly it will be sent to Zuma.
However, this will still not be the end of the road.
Zuma can himself refer the bill back to the National Assembly for reconsideration if he has doubts about its constitutionality.
Deputy President Kgalema Motlanthe promised earlier this month that the ANC would not use its majority to “ram through” a bill not aligned with the constitution.
Zuma can also refer the bill to the Constitutional Court.
Under Section 80 of the constitution, MPs can apply to the Constitutional Court for an order declaring that all or part of an Act of Parliament is unconstitutional.
The application has to be supported by one-third of the National Assembly, and must be made within 30 days of the date on which the president has signed the bill into law.
* Right2Know protests will be held outside Parliament, from 1pm to 2pm Monday, Tuesday and Wednesday. - Cape Argus
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Realist, wrote
In the modern world of the internet such websites such as WikiLeaks are a God send. The ANC will not be able to muffle information being leaked into the internet domain. Look how the internet and cell phone messaging has worked wonders in brining down Gadaffi and the other Arab dictators it will play a role in uncovereing the ANC's corruption with this bill in place or without it.
Juan, wrote
thig overnment should be very very carefull and listen to the people while the protests are still civil and peaceful. we all know what happens when too much hate and frustration builds up.
kenny, wrote
remember the last time we had laws like this . just watch the film "cry freedom" about steve biko and see what happens when you have laws against the press . the only difference is that instead of a minority white goverment doing it is a black goverment doing it
badballie, wrote
Last ditch effort by the ANC to hide the extent of their own corruption.
Anonymous, wrote
If the Bill is passed, then sadly the 22112011 will be marked as the day the ANC lost its legitimacy as political party and will most likley be the start of the end for them, as people will start to rebel and start to rely on social media for the truth. Sad as the ANC were supposed to be the role model for Africa and the world on how Africa could have a legitimate democracy
Anonymous, wrote
If this passes our country is on its way to become the next Libya, Syria, Egypt.
Get Real, wrote
I am all for free, uncensored speech, but lets face it the media is hypocritical in their protestation of the information bill as there are so many things they report on in bias and agenda driven way like green issues and climate change--always a lopsided portrayal of this issue--or the media's disdain for capitalism or conservative politicians. Quite frankly, the SA media is guilty of self-imposed censorship by forbidding alternative views to their own left-wing agenda. No, the media by-in-large doesn't really believe in free and balanced speech, so they have no real moral authority in this debate. They are no better than the ANC they are protesting. If it wouldn't hurt us all, I would say it serves the media right have some their freedoms curtailed. But then we would all suffer.
Jabu, wrote
@ silver and gold: Go to hell for your disrespect of the President. Your party lost in a free & fair elections. We don't want parties like yourself's to run the country through the media & courts. If you want your party to rule SA, they must win the elections first then run the country, Pres Zuma's ANC won the elections to govern SA. Governing the country includes making laws. If citizens do not like the laws being passed or the way a country is governed, they change the ruling party at the polls not through the vulgar & disrespect shown by people like silver and gold. Alternatively, go to another country where you will be happy, may be go to Zim or Europe. The media 'exposes' government 'corruption' in order to sell their newspapers and make profit, not to inform the public. That is a fact and deal with it. We do not need the media to selectively tell us what is right or wrong. Why doesn't the media contest the elections if they want to be an opposition to government?
Anonymous, wrote
if we cant beat the corrupt ANC goverment offials lets join them and all be corrupt. Welcome to the ANC banana republic
marks, wrote
I think the country would not be safe if the media and the public were to know every single thing especially the investigations by the National inteligence and secret service. Should the media know in advance if there is a move to assasinate the president and let the whole country know about it. Would that not jeopardise the investigation thus making it imposible for the inteligence to make arests?
Juan, wrote
Tha anc wants to censor the press from publishing stories of how they steal our tax money. They don't even have to do this, as they already have a guaranteed vote from the uneducated masses.
Anonymous, wrote
This is really sad what this country becoming. We are slowly moving back towards an apartheid state. The ANC is so paranoid about us finding out the truth that they are bunch of useless corrupt bunch individuals that they will do what ever possible to protect themselves. They dont care about south africa. They have done nothing to help the poorest of this country.
vuvuzela, wrote
Where is the freedom they promised South Africans? Huh! They RICA phones so they can spy and lie that it's to fight crime. Now they want to 'operate' in secret and hide freedom of information, freedom of the press, freedom of speech - freedom to think? I can only conclude that there is another 'order' behind the politics in SA which was handed on a silver plate to the ANC and they just like old apartheid SA are the puppets in the hands of the 'powers that be' who are really running SA. The only use for such a Bill is in the toilet as @$$ wipes. Bloody Agents!
Henk, wrote
Will the joint opposition in parliament get a third of the vote should they apply for an order to declare the bill unconstitutional?
silver and gold, wrote
If it reaches Zuma for approval it will certainly signed of, what does Zuma know about the constitution? He already tries to tell judges to say away from laws passed by his croonies. It will suit him in the arms deal scandal, once the bill is passed , why publish the results?
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