Legislation: Announcement on Secrecy Bill expected ‘soon’

President Cyril Ramaphosa is ‘still applying his mind’ to legal advice on the constitutionality of the controversial Protection of State Information Bill (SABC News). ‘Heavily criticised … as the biggest threat to press freedom and freedom of expression since the dawn of democracy’, the Bill was tabled in Parliament in March 2010, passed by both Houses in April 2013, sent back to Parliament by former President Jacob Zuma five months later because of concerns about its constitutionality, passed again in November 2013 – and has been awaiting presidential assent ever since, notes Pam Saxby for Legalbrief Policy Watch. ‘Direction on the matter’ is expected ‘soon’.

According to a memorandum on the Bill’s objects, its purpose is to ‘create a legislative framework for the state to respond to espionage and other associated hostile activities’ – among other things by providing for ‘a coherent approach to the protection of valuable information and the classification and declassification of state information.’ However, there is widespread concern that the Bill could be used to ‘persecute whistle-blowers’ uncovering government corruption and wasteful expenditure (News24). In 2015, former State Security Minister David Mahlobo revealed that the process of drafting regulations was already ‘at an advanced stage’ (City Press).

Follow Pam Saxby on Twitter (@SaxbyPam)