The South African, Issue 532, 17 September 2013

Page 1

www.thesouthafrican.com

17 - 23 September 2013

Issue 532

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ZUMA: SECRECY BILL ‘UNCONSTITUTIONAL’

|Zuma’s surprise decision to send the “unconstitutional” secrecy bill back to parliament has been celebrated by campaigners, but, with months to go until the 2014 elections, can there be an ulterior motive?

by HARRIET MANN PRESIDENT Jacob Zuma has sent the controversial protection of state information bill back to parliament for redrafting, as two sections are “unconstitutional”, he announced on Thursday. In a surprise move, Zuma said that sections 42 and 45 lacked “meaning and coherence, consequently are irrational and accordingly are unconstitutional.” Campaigners applauded the decision, saying it is an opportunity to redraft all “draconian” and “unconstitutional” sections in the dubbed secrecy bill. However, celebrations may be short-lived as the Joint Rules of Parliament state that the bill can not be revised in its entirety. Rule 203(2) says that the committee “must consider, and confine itself to, the President’s reservations”. President Zuma has only spoken of sections 42 and 45. Section 42 relates to the failure to report information that should be classified and Section 45 relates to the improper classification of state documents and the punishments for those who knowingly classify information to achieve any “purpose ulterior to the act”, government run sanews said. Constitutional law expert Pierre du Vos claims the initial rejection of the bill may not be to fix “unconstitutional” elements but actually to ensure corruption is kept secret. While admitting he may be “overtly suspicious” and even hoping he is wrong, Vos suggests

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that the bill as it currently stands will be more constitutional than after the review by parliament. He claims that “wrongly invoked” classifications are currently concealing whether R£200 million of public money was spent on Zuma’s private property at Nkandla. “A minister who wished to classify information about Nkandla as secret or top secret would, in terms of the Secrecy Bill as it now stands, have to think twice before classifying information about Nkandla. “Section 45 would prohibit any official (including the minister of public works) from intentionally classifying information as secret or top secret “to achieve any purpose ulterior” to the act,” Vos writes in his blog Constitutionally Speaking. However, ANC spokesman Moloto Mothapo said he was sure the changes would ”further strengthen the bill and its objectives of protecting citizens’ information and enhancing national security through protection of sensitive government information,” Times Live reported. Democratic Alliance parliamentary leader Lindiwe Mazibuko said, “While corrections to these sections are critical, they are merely technical and the protection of state information bill will remain unconstitutional. “Should the scope of the ad hoc committee be only limited to amending sections 42 and 45, it will become clear that President Zuma’s referral of the Continued on page 2

INSIDE:

p3 | ‘We are all to blame for Malema’ - outgoing SA High Comissioner p5 | Nelson Mandela biopic triumphs at Toronto International Film Festival

p10 | Building Africa’s ten Cities of the Future

GOT THE THE ‘XHOSA FACTOR’: South African singer Jeanette Akua secured her place in The X Factor bootcamp with her rendition of Bon Iver’s ‘Skinny Love’ on Sunday night. The 21-year-old beauty consultant has lived in Essex for the last two years and surprised the judges and crowd when she spoke fluent Xhosa ahead of her performance. Read the full story on www.thesouthafrican.com

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