Themba Maseko, the spokesperson for the Cabinet, today confirmed that the government is committed to accommodating the views expressed during public hearings on the Protection of Information Bill “as far as practicable and reasonable”.
Maseko told a media briefing — following Cabinet’s regular Wednesday meeting — that they welcomed the representations received from interested parties and appreciated the public’s dedication and participation in the consultative processes enshrined in the Constitution.
This is unfortunate because the Protection of Information Bill is, to my mind, totally beyond salvage in a constitutional democracy.
The legislation to safeguard documents that require classification is already in place as witnessed at the trial of former top cop Jackie Selebi. The state already has that capability now.
What this act does is provide senior government department heads with the means to hide issues, which should be in the public domain, using the cover that it is in the interests of national security.
In fact the potential to hide corruption means that the bill itself is a threat to national security.
While I’d like to be able to say that it serves a purpose and could be amended to include certain changes, which would make it beneficial to South Africans, I can’t.
It is simply an aberration that needs to be buried and never raised again.
It adds nothing to our democracy except a means of burying information based upon the whims of politicians with horrendous criminal sanctions if anyone dares to breach it.
Maseko said: “We reiterate that this process has not been completed and the bill is yet to be finalised. Government, through the minister of state security [Dr Siyabonga Cwele], is considering the valuable submissions and representations made during the public hearings and are committed to accommodate the views expressed as far as practicable and reasonable.”
“In addition that Cwele had been focusing on areas which might be broad and/or vague, and which had the potential to infringe on other rights enshrined in the Constitution. Following this involved and detailed process, the minister would table a comprehensive response to Parliament, when the ad hoc committee working on the bill next met.”
Unfortunately that sums up the problem we are having with our constitutional democracy.
The minister is trying to focus on areas that are “broad or vague” and is and listening to and accommodating views?
The Protection of Information Bill is a draconian piece of legislation.
To use a ridiculous example :
If there was a “Murder all Left-Hand Citizens Bill” on the table would the fact that the government is hearing views on how to make it more palatable be of any assistance? Would the fact that it is less vague, change the fundamental reason for its existence?
Of course not.
The Protection of Information Bill is an act that would furnish powers to government department heads (which should be in the hands of intelligence and specialist officials only – who by the way already have them) and allow them to place a blanket over the very documents that might negatively affect the citizens of South Africa while having no bearing on national security.
Whether they clarify the clauses or listen to opinions on this outrage is irrelevant.
Finally we are told by Maseko : “Government hopes that its scrutiny of the representations and its response will go a long way towards meeting the recommendations made in the submissions and representations during the consultative process.”
We saw what happened with South Africa’s “consultative process” on the Scorpions — when the views of all the experts in the world could not shift those in power from suggesting that when they spoke to the masses they wanted the Scorpions gone.
Let’s try that on the masses by giving them practical questions on issues rather than abstracts.
Ask the masses : What would you do if you found out that R50 billion of your money, which could have been used for paying workers and service delivery, went walkabout?
Then ask them : Would you be upset if we told you that the Scorpions had to go because, inter alia, they kept raising it?
What about : Would you be upset if we hid away documents under the guise of a Protection of Information Bill that could prove where things like your R50 billion went. Arrest anyone who has the proof of such acts?
As a last one : Charge media houses that dare to report on those who took your R50 billion?
Let’s see how popular the reality is surrounding the Protection of Information Bill and Media Appeals Tribunal when you ask the real questions of the masses.
How do we know that the above are the real questions?
Very simply this — there is prevailing legislation, common law and case law to deal with the issues of classifying documents in the interest of national security. There are courts and other forums to deal with the press and media where they are out of line. Why would you ever need these and who needs them?
When Joe of Boksburg or Philemon from Dobsonville gets called names in the media nobody blinks an eye. When cronies, unscrupulous politicians and fatcats are shown up then we need these measures.
These measures are totally unnecessary and wholly inappropriate in a constitutional democracy.
They protect no-one other than politicians and wealthy individuals while placing us as close to a police state as we have been since apartheid. Unlike the Scorpions people cannot just allow this to happen with a shrug of the shoulders.
In real terms, armed with those powers, the members of Cosatu and other unions will soon find out how powerfully and brutally you can deal with labour when the press is blacked out. That the unions won’t be able to find out what the fatcats are earning or any other information pertinent to labour.
In the ANC itself what is to stop a clique from doing an ANCYL Limpopo on any opponent?
Who would blow the whistle?
Who would report it?
The ever evolving party that is the ANC just needs one circle to utilise the powers that these measures bring – and others they will introduce – to entrench themselves permanently.
You can forget concerns about ANCYL president Julius Malema — armed with these powers Juju would not even get close to power before vested interest groups closed him out.
It is time for members of the ANC, Cosatu and the SACP along with everyone else to sit down and ask themselves what — IN REAL TERMS — the provisions of those measures mean on a day-to-day basis. How they might be applied to stop any dissent.
Worse, once entrenched and with these measures in place, how would you, short of a violent uprising, remove those holding these powers?
Two words : Robert Mugabe.
In the wrong hands, which is what you have to cater for, they could be the death of democracy.
Why would you ever afford anyone that opportunity?
Well put and written – agree with this AND Siyabonga’s piece – same subject.
The big thing that is missing in many of these debates is a clear and viable alternative to the Poiob and MAT.
The Media itself accepts that small print page 2 aplogies do little to undo the harm casued by inaccurate and damaging front page headlines.
As a lawyer, you know full well that most citizens cannot easily access legal remedies.
The print media says that having to issue a retraction is the worst censure and worst thing that can happen to a journalist or his or her reputation, but here I have to agree with the ANC – there is no restorative justice for the VICTIM of bad, inaccurate or unethical reporting when a page 2 retraction and apology is printed.
I am totally opposed to Poib and MAT – what we need to do is to look at viable alternatives that will best serve all stakeholders.
For example – we have more than enough laws capable of censuring errant journalists and media owners, plus applying restorative justice to victims – how about setting up special legal aid processes to allow alleged transgressions to be prosectuted?
Another one – how about creating more budget and “teeth” for the press ombudsman, to be overseen by civil society?
If we were to achieve this, then the ANC’s fig leaf of “Poib and MAT are needed to protect the national interest and protect the people from damage caused by malicious and inaccurate reporting” disappears.
Clearly expressed Michael. Please elaborate on your paragraph re Julius Malema. I thought he would use this bill to his advantage.
The masses are taking to the streets in an attempt to voice their concerns about too low salaries. Mass mobilisation may not be so easy once the Info Bill becomes law.
As much as proper remuneration is important, I believe that the current threat to our democracy (Info bill, MAT proposal) should be of far greater concern.
If strikers really want to go on an indefinite strike, this should be the real reason!
“Why would you ever afford anyone that opportunity?”
I wouldn’t – I could see the writing on the wall, but not many others could, and the ANC has made sure that even if they could, they wouldn’t be able to read or understand it.
I feel doomed to spend my life with my destiny being determined by governments I despise. First the Nats, and now the ANC.
Strong words Michael – better to tell it like it is, rather than attempting to justify every apparently irrational move the ANC government makes. Their motivation is really not that complex. BTW – presume you will also be muzzled under the new bill? Pity.
Your best-ever piece of writing. Nothing written on this topic before even comes close to telling the truth as it is.
It is interesting to note that this bill becme mooted as the press disclosed more and more corruption in Government (over the last two years or so). In fact, hardly a day goes by without yet another story of self serving and fraud in high places. Strange that. One could say ‘funny’ but it isn’t. We appear to be run by theives and a power hungry Mafia.
By creating this secrecy bill the kakistocracy are afforded the shrouded opportunity to become Kleptocrats.
I do not take wooden sixpences for change.
Of course, were a PoIB and MT in the hands of opposition parties, I might trust the idea more. The point being that the only ones qualified to judge are the ‘enemy’; no matter the parties involved.
It seems that few in the media trust the present government in either respect; neither do their workers or the unions and neither, I suspect, those who have not benefited to any extent from ‘democracy’. So who does that leave? Certainly not a majority.
It seems that the only people who don’t understand that the ANC is gurgling its way down the drain is the ANC.
How much convincing will it take?
Who do the ANC think that they are kidding?? We have been through this all before where the public and interested parties are welcome to submit objections or ideas.
We all know that the decision has already been made and that the bill will pass with a resounding majority. The objections won’t even be given any consideration.
The corruption and theft of the government and its brances will be protected no matter what??
The only hope is the Constitutional Court but that is already stacked with ANC sympathisers so, will justice be done?
As the ANC said in the posters prior the 1999 elections “Together we can do more” and this is what they are doing – more corruption, more tender rigging, more for the gravy train and the plunder bus but now, in the dark where we cannot see how our tax money is being stolen.
@ Anne Coventry…..”I feel doomed to spend my life with my destiny being determined by governments I despise. First the Nats, and now the ANC.”
My feelings exactly
Excellent analysis, Michael. Glad to see the ANC blinders have been traded in for 3D spectacles that reflect reality. The POI act is a full frontal assault on the Constitution, the press and rescinds the freedom of every South African and their heirs and descendants for the indefinite future.
The ‘masses’ will not understand the debate unless the examples Traps cites can be made personal to every individual in the country. Generations of blind trust in the ANC will make reaching the masses well nigh impossible as any such attempt will meet with ANC claims of ‘third force’ sabotage, etc.
The truth is that the ANC and YL are the ‘third force’ in SA and are committed to the overthrow of Democracy. Mbete and Motshekga openly espouse a single party state; Malema ignores the Constitution altogether and insists that whatever the YL ‘wants’ is the law of the land. The YL openly courts Zanu-PF and laud the land seizures that have destroyed Zim.
The obvious course for a spineless leader like JZ is to postpone the formal adoption of the POI but insist on the creation of the Media Appeals Tribunal which in any case achieves the aims of the POI since the government can claim that revealing the basis for charges against journos breaches the national interest. Like Wa Afrika, the arrest will proceed on unsupported charges of subverting the ends of justice, etc.
This IS the death knell of Democracy. If we lose, we lose all.
@michael this post is a clarion call to all citizens to halt governments efforts to prevent the media from exposing the ever increasing efforts of those in power to rob the country blind.
Having lived through the rise and fall of Apartheid this kind of mooted legislation is for me and many others like the rerun of a horror movie.
What’s almost incredible is how stupid the ANC think we are. Why do they make up reasons to gag the press? It’s absolutely clear you want your corruption and thievery hidden, just gag the press. Why pretend?
It starts with national security, then ‘responsible journalism’, then racial ownership of the all-powerful media etc. Just have a look at Russian democracy, ‘responsible journalism’ laws, control of the media, and dead journalists under guise of free ‘democracy’ that is a thinly disguised dictatorship (in part supported by propagandized patriots that would just as soon live under fascism) . Draw parallels to the ANC and its dependant partners as well as loyalists that thrive through patronage. Some support an Africanized, perhaps even tribal fascism. Call it communism, nationalism, socialism, whatever one wants – maintaining power, and keeping it looking good is what it is about, and only free speech stands in the way.
This is certainly out of the books point of view your article is. Thanks for such a great read tonight