The proposed bill gives effect to eight core information protection. Sep 12, 20 it is therefore important to note that the president said that he was referring the secrecy bill back to parliament insofar as sections of the bill, in particular sections 42 and 45, lack. South african lawmakers approve secrecy bill to protect. Civil society activists continue to argue that if passed, the secrecy bill will criminalise some of the freedoms that south africans have been enjoying since 1994. It is therefore important to note that the president said that he was referring the secrecy bill back to parliament insofar as sections of the bill, in. Secrecy bill views from south african civil society ngo pulse. May 08, 2012 robyn curnow reports on the battle to protect media freedom, now under serious threat in south africa. Nov 21, 2011 home other public forum, online debate. Chilling the press by byron crowe ii earlier this week, on november 12, the south african national assembly adopted a revised version of the protection of state information bill. South africas parliament has voted in favour of a fiercely contested secrecy bill that critics say will muzzle the media and provide cover for government corruption. Constitution means the constitution of the republic of south africa, 1996. The ongoing debate and consideration of the protection of state information bill often termed the secrecy bill or act has provided a true test for the postapartheid south african democracy. South africas secrecy bill in november 2011, south africas lower house approved the protection of state information bill legislation, which if passed can sentence those found guilty to up to 25 years imprisonment, writes maryam omidi.
Much of the public debate on the bill has been about its likely effects on the media, with focus on its. These three contributions reflect on the current state of democracy in south africa, against the background of a series of tensions and difficulties that have characterised south africas transition to democracy and that have once again been highlighted in the wake of the 2014 elections. South african mps have approved a controversial media bill after a threeyear battle over the legislation. Apr 25, 20 south africa secrecy bill approved by parliament. Protection of state information bill and sent it to president jacob zuma for conversion, by sweet executive alchemy, into law, south africas civil society is fighting back the charge being led, appropriately, by the right2know campaign. Protection of information bill amazon web services. South africa is recognised internationally as a country passionate about upholding its democracy. The bill ensures that before sensitive information can be classified, the. The regime of racism in south africa was maintained not only by brutality guns.
In november 2011, south africas lower house approved the protection of state information bill. Robyn curnow reports on the battle to protect media freedom, now under serious threat in south africa. David goldblatt has left south african documentary photography incalculably richer, writes niren tolsi. Following the format of our monitoring post on the secrecy. Pdf the ongoing debate and consideration of the protection of state information bill often termed the secrecy bill or act has provided a. When two nobel laureates, an eminent constitutional lawyer. The secrecy bill, which will probably be passed into law later this year. Sep 16, 2010 dummies guide to corruption sa secrecy bill september 16, 2010 by pratish mistry following a relatively secure 2010 world cup, wonkie was beginning to get optimistic that controlling crime in south africa is within the realm of possibility that south africa is not destined to become a corrupt zimbabwestyle banana republic.
They have formed a coalition movement to vehemently oppose this bill from. Johannesburg south africas secrecy bill, adopted by the national assembly on april 25, 20, lacks essential protections for whistleblowers, human rights watch said. In south africa, national security has in recent months been bandied about to defend a clampdown on state information, which has seen a renewed application of an apartheid law and the adoption of the protection of state information bill, the socalled secrecy bill. The bill, which was passed by south africas lower house of parliament tuesday, has. The passing of the contentious protection of state information bill or secrecy bill as it has come to be referred to is an act deserving of corruption watchs cw zerooftheweek status. By caroline stone stone is an advocate, bar of england and wales, specialising in public and employment law and was a legal resources centre intern, cape town, in the autumn of 2011. South africa s secrecy bill in november 2011, south africa s lower house approved the protection of state information bill legislation, which if passed can sentence those found guilty to up to 25 years imprisonment, writes maryam omidi.
The unique horizontal application of the bill of rights in the constitution makes south africas freedom of information legislation unique in the world, in that paia is the only freedom of information. Sas nascent secrecy and clampdowns are part of a global trend towards big brotherhood. Dummies guide to corruption sa secrecy bill september 16, 2010 by pratish mistry following a relatively secure 2010 world cup, wonkie was beginning to get optimistic that controlling crime in south africa is within the realm of possibility that south africa is not destined to become a corrupt zimbabwestyle banana republic. Secrecy bill views from south african civil society. Higher education south africa are not confined to the implications of the bill for the activities of its own members, but we are concerned about its implications for society as a whole. We join other civil society organisations in expressing disappointment at this turn of events in south africa s democracy. Detractors have said the bill is intended to suppress investigative journalism and exposes about government corruption. Republic of south africa protection of state information bill as presented by the ad hoc committee on protection of information bill national assembly introduced as protection of information bill b62010 the english text is the off. Republic of south africa protection of information bill as introduced in the national assembly proposed section 75. Parliament has passed the secrecy bill the protection of state information bill and now president zuma must apply his mind in considering signing it into law. But rival mps united against the secrecy bill, legislation that critics argue is the first piece of lawmaking since the end of apartheid to dismantle a. The purpose and function of south africas national assembly. Everyone has the right to privacy, which includes the right not to have.
Furthermore, if academics cannot access information. Nov 22, 2011 south africa passes secrecy bill south africa s ancdominated parliament has passed a protection of information bill which could see whistle blowers and journalists who publish classified. The south african constitution protects the right to academic freedom as part of. South african pen and pen international released a statement, calling the bill a retreat towards the secrecy that characterised south africa. Boston many south africans are saying the new secrecy bill marks the death of democracy in south africa. Not enough south africans understand that the protection of state information bill also popularly known as the secrecy bill now being considered by the national council of provinces ncop is not primarily aimed at muzzling the media. The right2know campaign, a civil society organisation opposing the protection of state information bill secrecy bill, says their last resort is a constitutional court application. The south african protection of state information bill, formerly named the protection of information bill and commonly referred to as the secrecy bill, is a highly. Now that parliament has passed the secrecy bill official name. These protections ensure that south africa keeps its. South africas new secrecy bill and protection of state information.
The purpose and function of south africas national assembly the most important house in south africa. Protection of state information bill and sent it to president jacob zuma for conversion, by sweet executive alchemy, into law, south africa s civil society is fighting back the charge being led, appropriately, by the right2know campaign. Protestors strongly expressed their views opposing the bill, and pled to stop the return to apartheidera secrecy. It aims to replace the existing 1982 apartheidera law, which imposes excessive secrecy, and to establish a statutory framework to protect state information from loss, alteration or destruction, as well as from disclosure to the public in certain circumstances. Government includes the south african transport services. Government officials frequently responded to queries either. The office of nelson mandela, south africas first postapartheid. We join other civil society organisations in expressing disappointment at this turn of events in south africas democracy. The basic provisions of the constitution department of justice. Implications of the secrecy bill ukzn centre for civil society. Constitution of the republic of south africa south african.
South african pen and pen international released a statement, calling the bill a retreat towards the secrecy that characterised south africa before its democratic transition. Hub for the latest data and advice on the disease in south africa. In line with governments approach of balancing secrecy and. The secrecy bill has been and continues to be seen as an obvious means of concealing the corruption within the security establishment and has become a way of south african life for many, from highplaced members of the government down to menial officials. Apr 25, 20 south african mps have approved a controversial media bill after a threeyear battle over the legislation. Secrecy bill passed by parliament corruption watch. The right to privacy in south africa privacy international.
Civil society activists continue to argue that if passed, the secrecy bill will criminalise some of the freedoms that south africans have been enjoying. Secrecy bill less about media freedom, more about national security state. The right to privacy is constitutionally entrenched in the south african bill of rights. The secrecy bill will affect your right to information. To enjoy this freedom, there is a need for free access to and dissemination of information. The protection of information bill has two legitimate objectives. The south african protection of state information bill, formerly named the protection of information bill and commonly referred to as the secrecy bill, is a highly controversial piece of proposed legislation which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against transparency and freedom of expression. Higher education south africa are not confined to the implications of the bill for the activities of. Last year however, the national assembly decided to pass a condemned secrecy bill, two days prior to freedom day, despite citizens disapprovals. It said the changes to the bill made by the upper house of.
The office of nelson mandela, south africa s first postapartheid. This article has previously been published on constitutionally speaking and legalbrief today. On 31 may 1961 south africa was declared a republic and the government adopted the second constitution. Bill of rights designed to ensure equal protection of a broad range of human, socioeconomic and civil rights, irrespective of race, gender, sexual orientation, disability. The protection of state information bill b62010, universities and academic freedom higher education south africa hesa. The bill has still to be passed by the upper house likely to happen next year and signed by the president before becoming law. The south african law reform commission was established by the south african law commission. For the first time south africa could call itself a democracy because everyone who was a citizen of south africa could vote in the elections.
The secrecy bill has been and continues to be seen as an obvious means of concealing the corruption within the security establishment and has become a way of south african life for many, from highplaced members of the government down to. The south african protection of state information bill, formerly named the protection of information bill and commonly referred to as the secrecy bill, is a highly controversial piece of proposed legislation which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against. Mac maharaj, points out that, the legislature, the judiciary and the executive are the three arms of governance of south africa and, when the president formally receives the bill. Nov 22, 2011 the bill has still to be passed by the upper house likely to happen next year and signed by the president before becoming law. The unique horizontal application of the bill of rights in the constitution makes south africas freedom of information legislation unique in the world, in. The constitutional assembly was constituted with the task of drawing up a constitution to represent the interests and needs of all the people of south africa.
It affirms the democratic values of human dignity, equality and freedom. The south african constitution protects the right to academic freedom as part of freedom of expression. In spite of the fact that the protection of state information bill has undergone many. South africa mps pass controversial secrecy bill bbc news. Government explains the protection of state information bill. Accordingly, if the secrecy bill is passed in its current form, it will represent an erosion of the right to information in south africa without justification. South africa secrecy bill approved by parliament bbc news. The bill of rights is a cornerstone of democracy in south africa. The right to know r2k campaign launched in august 2010 in cape town, south africa consists of about 400 civil society organizations, social movements and community groups. Trust founder don mkhwanazi raises more questions around the secrecy in the zuma presidency. Was the event a mere coincidence or is our countrys. Apr 29, 20 johannesburg south africas secrecy bill, adopted by the national assembly on april 25, 20, lacks essential protections for whistleblowers, human rights watch said today. South africas new secrecy bill and protection of state information by katie reid on 21 november, 2011 5. Nov 22, 2011 but rival mps united against the secrecy bill, legislation that critics argue is the first piece of lawmaking since the end of apartheid to dismantle a part of south african democracy.
In 1983 the government passed the third constitution. South africa has moved a step closer to passing the protection of state information bill secrecy bill into law when 229 african national congress anc members of parliament voted in favour of the bill on 22 november 2011. In this regard, section 14 of the constitution of the republic of south africa, 1996 the constitution provides as follows. South africa passes secrecy bill south africas ancdominated parliament has passed a protection of information bill which could see whistle blowers and journalists who publish classified. Dubbed the secrecy bill, lawmakers say the protection of state information bill will. South africas parliament passed a contentious secrecy bill, handing a victory to the ruling african national congress in its battles against the countrys muckraking newspapers, but alarming. Adequate protections for records containing issues of national security, defence and international relations are already provided under paia. Nov 23, 2011 boston many south africans are saying the new secrecy bill marks the death of democracy in south africa. It said the changes to the bill made by the upper house of parliament late last year had improved the.
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