Cosatu, the powerful labour ally of the ruling ANC, has become the latest organisation to threaten legal action against the controversial Protection of Information Bill if it is passed in its current form.
The union federation has asked for a meeting with the ANC to discuss the bill while threatening to approach the Constitutional Court if it is passed without major amendments to protect whistleblowers and South Africans’ right to access information of public interest.
Cosatu labelled the bill a “threat” to whistleblowers.
The federation said it was “deeply concerned” that the parliamentary ad hoc committee processing the bill had begun clause-by-clause voting on a revised version, “without having addressed the many serious concerns from civil society regarding fundamental problems with the bill”.
Cosatu said it acknowledged that there was a need to replace the Protection of Information Act of 1982, a relic of apartheid legislation.
“In its present form, however, this new bill is a threat to South Africans’ democratic right to be fully informed on matters of public interest.
“It could be abused to cover up information on corruption and misuse of public resources and to criminalise whistleblowers who try to expose crime and corruption,” it said.
Cosatu said the criteria to determine when information could be classified and at what level, could be interpreted very broadly and subjectively.
“For example, how accurately and objectively can a distinction be made between what is ‘harmful’ as opposed to what ‘endangers’ security in order to justify a more stringent classification? For example, can the unlawful disclosure of the ministerial handbook or excessive spending by a minister on an unauthorised trip or hotel bills be considered to be revealing personal information that would endanger his or her personal safety?
“Would disclosure of the sale of arms to a foreign country in contravention of international law be considered to compromise both national security and diplomatic relations? Would it not be in the interests of the public to do so?”
Cosatu was also concerned about the bill’s wide reach, saying it was concerned that under the “overly broad” definition of an organ of state, the potential for classification of information was extensive.
The bill applies to all organs of state including public amenities like the Johannesburg Zoo, and theatres. The Institute for Democracy in Africa has identified over 1 000 organs of state.
“Many of these, however, are private entities such as oil refineries. There is extensive experience of oil refineries obstructing access to information about public health violations on the pretext that this would compromise security and contravene state security legislation. The bill would only further entrench such practices,” said Cosatu.
Rights body the Right2Know campaign applauded Cosatu for speaking out against the bill, saying it shared Cosatu’s concerns that the current draft of the bill posed “a huge threat” to whistleblowers, and would be open to abuse by officials.
“With such a powerful alliance member coming out in opposition to… the bill, it is time for the people behind the ‘Secrecy Bill’ to acknowledge that their proposed law goes against the will of the people,” said the coalition. - Political Bureau