The Catholic Church in Cape Town, strongly appeals to the National Council of Provinces to amend the Protection of State Information Bill to bring it in line with our constitutional right to freedom of information.
As it stands:
The Bill comprehensively protects the State Security Agency from public scrutiny because it allows the agency itself to decide what it wishes to be kept secret. Any illegal activity by the agency could therefore easily be hidden from scrutiny and from the legal process.
Furthermore, the Bill gives the Minister of State Security too much power and allows the minister to extend the right to classify information to virtually any state body, thereby increasing the chance that illegal activities will be hidden in the name of state security.
Although various changes have been made to the Bill since it was first proposed, a major weakness is that no provisions are made for a public interest defence and for the disclosure of supposedly secret information about which the public has a right to know.
Moreover, severe punitive action can be taken against whistle-blowers and journalists if they are in possession of, or publish material, that is deemed classified information, even if it is within the public's interest to know about it. Existing legislation, which protects whistle-blowers, is not nearly sufficiently strong to withstand the Bill.
Many religious leaders and NGOs, such as the Right2Know campaign, have protested against the Bill. As the Catholic Church in Cape Town, we have the duty to continue opposing this Bill, not only as members of civil society, but also because there is a moral imperative to serve the common good. This Bill does not serve the interests of the nation and can be used to damage our democracy and lead us on the road, once again, to a security state.
