MPs tighten Secrecy Bill loopholes

Parliament is taking extraordinary measures to ensure that the controversial Secrecy Bill passes a constitutional test.

Two committees have been convened to close any loopholes in the Protection of State Information Bill, which was referred back to the National Assembly by the National Council of Provinces last year.

The National Assembly's ad hoc committee has been given until June 20 to report back to the house. After the house votes, it will be up to President Jacob Zuma to stamp the bill into law.

However, a joint scrutiny committee on delegated legislation, which is made up of the most senior MPs, will be deliberating on the legal powers it will give State Security Minister Siyabonga Cwele.

Vincent Smith, chairman of the committee, said the "high-powered" committee had only been established mid-last year.

"We've been taken to court a number of times ... The constitution gives the power to pass law through parliament. Regulations are part of the law and up to now regulations ... were never ever scrutinised by parliament. Ministers went ahead and just passed regulations," said Smith.

He said, once the ad hoc committee had deliberated on the bill, it would be passed on to his committee three weeks before the June 20 deadline.

However, the committee had not been established purely to deal with aspects of the Secrecy Bill but with all legislation, Smith said.

"We really are finding our feet as parliament. This is really breaking new ground ... we are making sure that we have the correct legal advisers ... beefed up with technical advisers," he said. "There was a gap and we filled that gap."

But the purpose of the lesser-known committee has been questioned. IFP MP and constitutional law expert Mario Oriani-Ambrosini, who sits on the scrutiny committee, was doubtful.

"This committee is one of the most ineffective and purposeless ... If we have any role it will be limited to expressing a opinion."

The bill has been widely criticised for its broad definitions of what constitutes "classified information" and who may classify or declassify it.

One of the thorniest issues is the punishment of whistleblowers and journalists who possess or circulate classified or top-secret information. They face up to 25 years in jail, even if it exposes government corruption or misconduct.

Lobbyists say the government could use the bill to bar reports on scandals such as Nkandlagate.