The South African National Editors Forum (Sanef) has welcomed President Kgalema Motlanthe’s decision to refer back to Parliament the controversial Films and Publications Amendment Bill.
Motlanthe referred the Bill — along with the Competition Amendment Bill — back to the National Assembly on Thursday for reconsideration in terms of Section 79(1) of the Constitution, the Presidency said.
The Films and Publications Amendment Bill, which among other things sought to ban child pornography, was deemed by those who opposed it as unconstitutional because it discriminated between different categories of publishers and violated the right to freedom of expression.
The Bill has been roundly condemned by opposition parties and media and rights organisations as nothing but a smokescreen to muzzle the media.
But ”the president has expressed reservation on the unconstitutionality of certain sections of the Bills after careful consideration”, Sanef said.
The forum added that it had always maintained that certain aspects of the Bill would have a negative impact on the free flow of information and might also impact negatively on the constitutionally guaranteed right to freedom of expression.
”Aware of these concerns, Sanef has held negotiations with various stakeholders, including the champions of the Bill, to sensitise them to the possible unintended results of such a Bill becoming law.
”When the Bill was finally referred to the president for his signature, we also pleaded with the president not to sign the Bill into law.
”It is in this context that we fully welcome the decision by the president to refer the Bill back to Parliament.
”We believe that it is not necessary for the Bill to be scrapped as we are confident that it is not too late for the lawmakers to remove the sections from a Bill that have a negative impact on the free flow of information — a key element of any constitutional democracy,” Sanef said.
Various organisations, including Sanef, have approached Motlanthe, and before him former president Thabo Mbeki, not to sign the Bill on the grounds that it is unconstitutional.
The Competition Amendment Bill is intended to strengthen existing provisions of the Act in fighting collusion (complex monopolies) and cartels which undermined competitiveness of downstream industries and robbed consumers.
Among other things, the Bill introduces a criminal sanction regime against individuals found guilty of causing a firm to engage in price-fixing, output restriction, market allocation and collusive tendering.
ANC dismayed
Meanwhile Motlanthe has dismayed leading members of the African National Congress (ANC) and its alliance partners by not acting swiftly to sign other controversial Bills into law, Business Day reports.
These would scrap the Scorpions and permit the summary removal of the South African Broadcasting Corporation (SABC) board.
”The ANC is concerned that the president’s delay in signing the Broadcasting Amendment Bill will prevent it from removing the SABC directors during the current session of Parliament.
”This would mean the board picked by [former president Thabo] Mbeki would rule over the national broadcaster during the elections.
”This Bill is expected to be sent back to Parliament because of its failure to include a provision for a due process of inquiry before the dismissal of the board,” the paper reported. — Sapa