Info bill war hots up

Public protector Thuli Madonsela would consider investigating why provision for a public interest defence is being left out of the Protection of State Information Bill if a request were made.

Speaking at the inaugural KwaZulu-Natal Newsmaker of the Year awards ceremony, in Durban last night, the CEO in the public protector's office, Themba Mthethwa, said Madonsela was "baffled" that she had not received a request for an investigation into the exclusion of a public interest clause.

"If such a request were made, we could investigate. Without a request, the public protector cannot take on the complaint due to financial constraints, but if a request is made by a member of the public, civil society or media, the public protector is bound to investigate," he said.

The SA National Editors' Forum yesterday said it was deeply concerned at the way in which State Security Minister Siyabonga Cwele had shut the door on the possibility of the Protection of State Information Bill being amended to include a provision for a public interest defence in prosecutions for the publication of state secrets.

The forum has argued that such a provision would enable a journalist, whistle-blower or citizen who disclosed classified information, if charged, to enter a defence of publication in the public interest.

"If Cwele's latest obdurate stand prevails and the bill is passed without the safeguard, [the forum] and other critics will have no alternative but to press for the legislation to be referred to the Constitutional Court for it to rule on its constitutionality," the forum said.

The editors' forum also said that it took "strong exception" to assertions by Cwele in the National Assembly on Wednesday that "foreign spies" were paying civil society groups to oppose the bill.

"Sanef is one of the groups that oppose the bill and rejects the minister's claims as insulting and libellous."

The latest row over the bill comes just a week after Deputy President Kgalema Motlanthe said that he "appreciated" Sanef's view that it would be for the courts to decide whether a public interest defence was valid.

IFP MP Mario Ambrosini yesterday failed in his attempt to delay the approval of the controversial bill.

The draft legislation has been revised several times .

The ANC and the opposition have deadlocked on provision for a public interest defence.

On Wednesday, the bill was approved by the National Assembly after a fierce debate. It has now been sent to the National Council of Provinces for consideration.

Ambrosini, who sits on the ad-hoc committee charged with processing the draft law, had proposed 55 clauses, containing 123 amendments, that he had hoped to slip into the bill.

These included the establishment of a "right-to-know commission" made up of five people appointed by civil society.

This commission would receive and consider classified information withheld by an organ of state from a person requesting access to it, and could order the information's declassification or that it be made public.

His actions angered fellow committee members. The DA's Dene Smuts accused him of pulling an unnecessary political stunt by introducing amendments that had no substance.