Development Talk

Judith February of IDASA said action is needed from civil society.

“The Protection of Information Bill is inherently unconstitutional.”

This is what Dr Laurie Nathan, research fellow at UCT’s Department of Environmental and Geographical Science, said at a discussion about the proposed Protection of Information Act and the Media Appeals Tribunal held at the Book Lounge in Cape Town last night.

Nathan, who is also affiliated with the Crisis States Research Centre at the London School of Economics, said that the principle of an open society is something which is found throughout our Constitution. The proposed Protection of Information Act will however, create a society of secrets.

Limiting rights

The Constitution of the Republic of South Africa says that anyone has the right to have access to any information held by the state, but the Protection of Information Bill aims to keep this information from citizens. According to Nathan, the Bill defines national interest and security so broadly that this definition can be used to keep any and all information secret.

The Constitution also states that everyone has the right to freedom of expression, including freedom of the press, artistic freedom and academic freedom. If the Protection to Information Bill is passed it will  cancel this freedom.

Nathan said that the issue of a Media Appeals Tribunal is something separate to the Protection of Information Bill. The fact that it has been lumped together with the Bill in debates has created confusion, which furthers the cause of those advocating for the Bill, he said. According to Nathan, the questions raised about ethics and the media make sense, but the proposed Media Appeals Tribunal is definitely not the vehicle to address this. Neither is the Protection of Information Bill.

What can you do?

The proposed Protection of Information Act is inherently unconstitutional. Photo: Zampano via Flickr

“When listening to Laurie Nathan I ask myself: ‘How can we stop this?’,” the writer Dr Sindiwe Magona said at the event. “If we don’t act now, it will become law. The freedom we fought for and gained in 1994 will shrink.”

Judith February, Head of IDASA’s Political Information and Monitoring Service, agreed that action from civil society is necessary to address this issue. IDASA is putting together a media statement entitled Let the truth be told: Stop the secrecy bill! which has been signed by more than 100 organisations. You can sign the bill by clicking here or by SMSing your name to 32759.

“People are making a mistake if they think this Bill will only affect journalists. In reality any information that an ordinary citizen applies for will be hidden. It will affect ordinary poor people more than anyone else.”

IDASA has been talking to grassroots organisations, who have before made use of the right to access to information from government. These organisations understand what the proposed Protection of Information Act will mean. They have also signed the media statement.

Furthermore, IDASA is mobilising community radio stations to reach the greatest number of people in South Africa.

February encouraged people to write letters to the newspaper and to flood Cecil Burgess’ inbox. (Burgess is the chair of the parliamentary committee that’s looking at the Protection of Information Bill.)

You can also attend another discussion on the proposed Protection of Information Bill tonight, which will be hosted by the Mail&Guardian at the Nelson Mandela Gateway (V&A Waterfront) in Cape Town.