On Tuesday, editors from all over South Africa made an impassioned appeal to MPs not to vote in favour of the controversial Protection of State Information Bill.
A letter by editors, published under the SA National Editors’ Forum (Sanef) umbrella, is carried by the Cape Argus and most morning newspapers on Tuesday.
In the letter, Sanef said the bill choked off the flow of vital information and restricted crucial accountability.
At least 17 newspapers, including the Cape Argus, have carried a joint editorial calling on President Jacob Zuma to refer the bill to the Constitutional Court for ratification, if it passes through the National Assembly on Tuesday.
There has seen staunch opposition to the bill from civil society and prominent South Africans, including Archbishop Emeritus Desmond Tutu who called it flawed and an insult to all South Africans.
“A state is entitled to keep information outside the public domain in instances where publication may jeopardise state security. But if the legal mechanism created to protect state security advertently or inadvertently prevents criminality from being exposed, the mechanism is patently flawed,” he said on Monday.
“... it is insulting to all South Africans to be asked to stomach legislation that could be used to outlaw whistle-blowing and investigative journalism; that contains no public benefit defence clause; and that makes the State answerable only to the State.
“This is not to suggest that those presently holding the reins of power intend to use the legislation to muzzle anyone or to cover anything up. But, equally, there are presently a sufficient number of investigations (to the credit of government) into alleged corruption by members of this and previous governments to warrant treading with extra care.
“I appeal to our MPs: please hear the disquiet (the bill) has caused. Please hear the warnings of the academics, civil society leaders, labour representatives, media corps, and legal and constitutional experts.
“By voting for it today(Tuesday) members of the ruling party will be doing themselves and their party a grave disservice.”
Sello Hatang, spokesman for the Nelson Mandela Centre of Memory, said the bill did not yet meet standards of constitutionality and aspirations for freedom of information and expression “while at the same time providing protection for legitimate state secrets”.
The centre had written a position paper stating its concerns about the bill – including the absence of a public interest defence – as well as proposed revisions.
“... a constitutionally acceptable compromise can be achieved without undermining the fundamental purpose of the bill. This can be done by reformulating the wording of the offences to focus on the harm caused by the mishandling or disclosure of classified information rather than... the mere fact that information is classified.”
Pick n Pay chairman Gareth Ackerman said: “The apparent haste with which our government appears to wish to push this bill through the House of Assembly will be damaging to foreign investment, which will place the livelihood and prosperity of many South Africans at risk.”
The letter by the editors comes amid calls from civil society groups for the government to reject the bill, and condemnation of State Security Minister Siyabonga Cwele’s statement last week that those opposed to the bill were “local proxies to foreign spies”.
Murray Hunter, of the Right2Know Campaign, said Cwele was welcome to check its sponsors on the website. “What I would like to know is who his funders are,” said Hunter.
He said Cwele’s statement showed the level of paranoia in the government which had led to the drafting of the bill.
The Social Justice Coalition, Equal Education, Treatment Action Campaign, Section27 and Ndifuna Ukwazi said Cwele’s remarks were “inappropriate and unfortunate”.
Right2Know has organised six pickets around the country today, including at Parliament.
Speaking outside Parliament yesterday, Nkwame Cedile, Right2Know’s provincial organiser, said if the bill survived the vote they would take the matter to the Constitutional Court.
National Press Club chairman Yusuf Abramjee said: “It’s time that we get a loud and clear message to government that we will not sit back and watch our constitutional rights being infringed. Some political parties, scores of NGOs, the Right2Know campaign and Sanef have come out in support of Black Tuesday.”
People people opposed to the bill were asked to wear black clothes or a black ribbon or armband today.
The ANC’s parliamentary caucus has dismissed the protest as a “distortion of facts”.
l On Monday, the State Security Agency said claims the bill would lead to censorship and information blackouts were sensationalist.
- Cape Argus