The Federation of Unions of South Africa (Fedusa) on Thursday said it was deeply perturbed by the brazen nature in which the special committee on the Protection of Information Bill was attempting to push it through Parliament.
“The serious concern regarding this legislation as it presently stands is the ambiguity and broadness of interpretation,” deputy general secretary Krister Janse van Rensburg said in a statement.
“We do not believe that any person or organisation will challenge the need to replace the Protection of Information Act drawn up in 1982. However, this new legislation is a direct infringement on South Africans’ right to information.
“In a democratic country, citizens must have the right to be informed on all matters of public interest that directly affect them and the country they live in,” Janse van Rensburg said.
She said the federation continually called for a government that was honest, fair and spent its taxpayers’ money wisely, and that the Bill as is could easily lend itself to bureaucratic abuse in the need to cover up injustice, corruption and mismanagement.
“Furthermore, whistle-blowers can be directly prosecuted should the information they have be deemed of a classified nature.
“Wasteful expenditure and the abuse of state resources are already serious concerns of our members; workers must be informed of what their elected officials are doing,” Janse van Rensburg said.
She said whistle-blowers must not be fearful of undergoing prosecution for pointing out corruption where it exists.
“This Bill represents a step backwards in government’s claims to want to improve accountability and transparency,” she said.
She said a Bill of this sensitive nature could not simply be rushed through Parliament, and called on not only the tightening of legislation, but the inclusion of organised labour, business and civil society groups in the revision process.
“As we have seen in the past, poorly drafted legislation translates into further long-term costs when it has to be interpreted and revised.
“The sudden urgency to push through legislation does raise suspicion and must be opposed,” Janse van Rensburg said.
‘More haste less speed’
On Wednesday former intelligence minister Ronnie Kasrils said the rush to complete the Bill by the parliamentary committee was worrying and would lead to huge problems and unnecessary tensions in the future.
“I hate to envisage the unforeseen consequences,” he said in a letter sent to the South African Press Association. “It will certainly undermine public trust in the intelligence and security services at a time when confidence needs to be built.
“Even at this late stage, one would remind our legislators of the adage, ‘more haste less speed’,” he said.
The issues under discussion were complex and sensitive and it was necessary to ensure the proposed legislation did not undermine the Constitution and Bill of Rights.
Discussions at parliamentary committee stage so far had not inspired public confidence that the issues had been sufficiently canvassed and considered.
“All agree that the outdated 1982 Act must be repealed and that a democratic state has the need to protect sensitive state secrets.
“To this end it is noteworthy that the Bill recognises the harm of excessive secrecy,” Kasrils said.
However, it was of concern that the proposed legislation was excessively broad and unfocused.
Certain of the penalties — other than that relating to espionage — were consequently extremely harsh, and the crucial need for a “public interest” defence clause was ignored.
The Right2Know campaign has urged South Africans to speak out against the Bill and said it had mounted a petition against it.– Sapa