Bill 'won't gag arms deal inquiry'

KEY issues such as nuclear power station tenders and the inquiry into the arms deal will be open for public scrutiny, even if the Protection of State Information Bill becomes law.

This is the promise of the Department of State Security, which is driving the controversial bill. Spokesman Brian Dube said only matters that directly affected national security would be classified, and only as a last resort.

"Sections dealing with conditions for classification state what information can be excluded from being classified. Procurement processes are open. You cannot classify that," he said.

Chapter five of the bill states that classification of state information may not under any circumstances be used to:

• Conceal an unlawful act or omission, incompetence, inefficiency or administrative error;
• Restrict access to information to limit scrutiny and thereby avoid criticism;
• Prevent embarrassment to a person, organisation, or organ of state or agency; or
• Unlawfully restrain or lessen competition.

Dube said if information disclosed during the arms deal inquiry involved wrongdoing, such information would not be classified.

"If you talk of the arms deal inquiry, the conditions are clear. Any information that shows any wrongdoing or any breaking of law ... that information cannot be classified," Dube said.

But interest groups are demanding the insertion in the bill of a public interest clause which could be used as a defence for possession and publication of classified information.

The bill was passed by the National Assembly on Tuesday, with the ANC using its majority to push it through despite opposition protests.

It has now been referred to the National Council of Provinces. If that house passes it, President Jacob Zuma can sign it into law.

The NCOP has established an ad-hoc committee to process the legislation. The ANC has 10 members, the DA has two and COPE, the ID and IFP each have one member.

Opponents of the bill in its current form are hoping Zuma will refer it back to parliament or for screening by the Constitutional Court to determine its legality, before signing it.

Cosatu general-secretary Zwelinzima Vavi said the labour federation's central executive committee was convinced of the need to introduce a public interest defence. "That would maintain a balance between restrictions legitimately placed on state information and media publication of such information in the public interest," he said.

DA leader Helen Zille said the party would launch an "e-mobilisation campaign" on social networks and "flash mobs" of people in black gags would demonstrate at high-profile events.