'Secrecy Bill must trump all'

01 November 2012 - 02:47 By DENISE WILLIAMS
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Minister of State Security Siyabonga Cwele wants the controversial Protection of State Information Bill to trump all other legislation, including the Promotion of Access to Information Bill, when dealing with classified information.

This would mean that anyone who discloses classified information - even that which exposes corruption and wrongdoing - could not claim protection under existing laws, such as the Promotion of Access to Information Bill, when it is enacted.

Briefing the National Council of Provinces ad-hoc committee on the Protection of State Information Bill, Cwele said the committee's decision to scrap clause 1(4), which gave the bill supreme authority on classification, should be re-considered.

"We didn't say this bill should supersede the Promotion of Access to Information Bill, we said in terms of classified information, to avoid conflict in terms of the interpretation of the bill, this bill must supersede [any legislation] in terms of only classified information," said Cwele.

He said that if the secrecy bill were not given "sovereignty" in court it would be rendered ineffective and "unmanageable".

He said municipal officials should have the power to classify information, as recommended by earlier drafts of the Secrecy Bill.

This provision was removed following fears that municipal officials could use this power to hide corruption and other wrongdoing.

Cwele said the police and the defence force had raised concerns that their "ordinary" members would not have the authority to classify information if the bill were passed in its current form.

"All members of the [police] must be in a position to protect sensitive information pertaining to investigative methods and sources of information.

"Defence has reservations [because] ordinary members in hostile territories in conflict areas must be able to classify their reports," said Cwele.

But MPs were not convinced by Cwele's arguments.

COPE MP Dennis Bloem said: "We [COPE] are sticking to what we have presented.

"We disagree with what the department is presenting today - everything!"

But ad-hoc committee chairman Raseriti Tau, of the ANC, advised Bloem to keep an open mind.

"You can't just close your eyes and shut off," said Tau.

DA MP Alf Lees also slammed Cwele's proposals.

"This trumping of the Promotion of Access to Information Bill just cannot be accepted.

"Also the interference with the exclusion of municipalities. We really can't afford to have municipalities included in classification," he said.

Right2Know Campaign spokesman Murray Hunter said: "We urge members of parliament not to rush their important task and to attend to the remaining draconian aspects of the Protection of State Information Bill.

"We will not accept a society of secrets."

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