Mass rally as MPs vote on secrecy bill

It's crunch time for the proposed secrecy law, with members of the parliamentary committee debating the Protection of Information Bill set to vote on it this morning.

The ANC has the majority on the committee and will almost certainly vote in favour of the proposed law, which will then be forwarded to the National Assembly for the final vote.

The ruling party made two final minor concessions last night. Any person who provides fabricated information to national intelligence agencies will now have the option of paying a fine if convicted, instead of being handed the mandatory five-year jail sentence proposed earlier.

The party also removed a clause relating to the possibility of imposing a fine on state security agents who knowingly classify information to conceal breaches of the law. This will now carry a 15-year prison sentence.

A new document from the Mail & Guardian Centre for Investigative Journalism surfaced at yesterday's committee meeting, pointing out that "good-faith whistle-blowers" could find themselves being charged with espionage and hostile activity, though this might not be the whistle-blower's intention.

"Someone who receives information for the purpose of Public Disclosures Act-protected whistle-blowing can still be zapped for up to 25 years for receiving information if it objectively might have benefited a foreign state, regardless of whether that was their intent," said the centre's Stefaans Brummer.

The ANC refused to allow discussion of the centre's submission, with chairman Cecil Burgess saying that he could not allow new documents to be continually brought before the parliamentary committee.

After the meeting, glum opposition MPs started planning their next moves as it became clear that ANC MPs would not make any more concessions.

"There is now no prospect of any form of public interest defence and for that reason the bill runs the risk of being seriously unconstitutional," said DA MP David Maynier.

The DA and the African Christian Democratic Party said they would probably petition President Jacob Zuma to refer the bill direct to the Constitutional Court.

"President Nelson Mandela did this before with the Liquor Act. After failing that, the Constitution also allows one-third of parliamentarians to refer a bill direct to the Constitutional Court," said ACDP MP Steve Swart.

The Right2Know Campaign is to hold a mass rally in Mitchells Plain, Cape Town, tomorrow ahead of a planned protest march to parliament.

"It looks like there is some urgency by the ANC to pass this bill. It will affect us on the ground, not just the journalists, because we have been given top secret information over the years related to our struggle against the structurally defective housing project in Newfields Village. So, if this becomes law, I will have to burn that because I can't go to prison for 10 years," said housing activist and community representative on the Right2Know Campaign, Gary Hartzenberg.