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Thursday, 25 April 2013

Silencing the Truth

Well guys, today has to be one of the worst days ever in the history of South Africa. The Protection of State Information Bill has just been passed and only requires to be signed into law by Jacob Zuma to become effective - and considering the extensive protection it gives him and his criminal associates in the ANC I highly doubt he will take his time. 

There has been some major opposition to the bill for many reasons, not least of which are the following:

  • The Secrecy Bill only has narrow protection for whistleblowers and public advocates (not a full Public Interest Defence) that excludes a range of matters in the public interest like shady tendering practices or improper appointments within key state agencies. This half-measure fails to acknowledge the urgent need to address South Africa’s whistleblower crisis — as well as the global abuse of national security laws to protect state interests against the scrutiny of citizens.
  • A whistleblower, journalist or activist who discloses a classified record with the purpose of revealing corruption or other criminal activity may be prosecuted under the “espionage” and other offences not covered by the proposed Public Interest Defence.
  • People can be charged with “espionage”, “receiving state information unlawfully” (to benefit a foreign state), and “hostile activity” without proof that the accused intended to benefit a foreign state or hostile group or prejudice the national security; only that the accused knew this would be a “direct or indirect” result.
  • While the Bill limits the number of agencies and people that can classify, it still gives powers of the Minister of State Security to give classification powers to other state bodies (and junior officials) without adequate public consultation.
  • The Secrecy Bill still lacks of a Public Domain Defence, effectively criminalising the population at large when classified information becomes public, rather than holding those responsible for keeping secrets accountable.
  • The Bill still contains draconian sentences of up to 25 years in jail.
  • The procedure permitting applications for the declassification of classified information is in conflict with the PAIA – despite commitments from the NCOP to the contrary. The body established to review this process – a Classification Review Panel – is not sufficiently independent and the simple possession of classified information appears to be illegal even pending a request for declassification and access.
  • Information that has been made secret in terms of old and potentially unconstitutional laws and policies will remain classified under the Bill pending a review for which no time limit is set. This includes information classified under the apartheid era Protection of Information Act of 1982 and the government policy adopted in 1996, the Minimum Information Security Standards.
  • If passed the Bill would add to the generalised trend towards secrecy, fear and intimidation that is growing in South Africa today. (www.r2k.org.za)

It is quite clear that this little piece of legislation will be used to cover up every little bit of corruption and malpractice, theft and graft which is happening daily in the ANC led, cadre depolyed government on every level.
We will never heard about corruption or maladministration or theft of tax money again. I'm pretty sure that even publishing facts which are contrary to the state led stats will be an offence too. 
Time to say goodbye to an independent media which was the last line of defense we had against the criminals holding our country hostage. RIP
The only bit of good news we have and the last hope for those of us not yet ready to tow the ANC line is the fact that this law can be attacked in the Constitutional Court on the grounds that it is not in line with the provisions of the Constitution. This is only a very small ray of hope seeing as the CC is now filled to the brim with ANC apologists and card carrying ANC members (so much for an independent judiciary huh?). We can only pray that the problems are so manifest that they cannot be argued away and they have to declare the law unconstitutiona. I'm holding my thumbs but not my breath... how about you?

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