Honourable Chairperson,
Honourable Members,
Ladies and Gentlemen,
Fellow South Africans,
Since this is my first address to the National Council of Provinces and to this Ad Hoc Committee in particular, I convey to you all compliments for 2012 - a year full of promise. I would like to use this opportunity in this august House to wish the ANC happy centenary celebrations as they hold the flag of this country and many hopes of those who aspire for freedom in their own countries high.
What has made our democracy work is not just the resilience of our people, it is not just the democratic notion exemplified by the experience of the ANC, but rather, it is a collective vision that is a product of robust engagement, hard negotiations and our readiness to put the interest of our country above anything else. It is the desire and hope of making today better than yesterday, whilst not forgetting that tomorrow's success is dependent on the investments we make today for the sake of our children and for the sake of freedom for our people and security of our country. We believe that this Bill is such a worthwhile investment. Why is it so?
Objects of the Bill
Firstly, the Bill seeks to ensure that whatever is left of the apartheid laws in our statute books pertaining to national security is eliminated. It would therefore repeal the Protection of Information Bill that is currently in our statutes and is not consistent with our democratic Constitution.
Secondly, the Bill introduces a coherent, consistent and legally sound process of classification, reclassification and declassification of sensitive state information. It creates an oversight and review system to ensure the integrity of the classification process and strengthens the intelligence oversight system that is in place in South Africa at present.
Thirdly, it feels the legal gap in the conduct of intelligence by criminalising espionage and a worrying phenomenon of information peddling whilst at the same time ensuring that the quality of information that is provided to the National Intelligence Structures is improved.
Fourthly, the Bill provides for the protection of information before courts to ensure that sensitive information is kept safe pending a decision of the Court to release it or not.
Fifthly, the Bill seeks to address another national problems linked to corruption and administrative ineptitude, protecting valuable information against alteration, loss and destruction. This is information that is critical in accessing services in both the public and private sectors such as identity documents, birth certificates, driver’s licenses, passports and company ownership information kept by the state. This affects everyone, young and old, rich and poor, illiterate and educated and when you need these and they have been altered irrespective of your calling in life, life becomes very tough and it is no accident that some have committed suicide as a result thereof. Through this bill we say: "enough is enough and it is high time that we make those crooked who make our people miserable and resort to suicide must pay". For this offense and others, we have provided befitting penalties to stop the murderous onslaught visited upon our people by these public servants and others who profit by undermining our national security.
Sixthly, the Bill seeks to manifest values in the Constitution, align processes in the Promotion of Access to Information Act, Protected Disclosures Act and other laws protecting whistleblowers. This is to ensure the alignment of business processes that deal with information within the state.
Call for a robust yet dignified debate in the National Interest
We gather today to begin a process that would lead to the finalization of the Protection of State Information Bill, which has seen an unprecedented interest in a security law. As we begin this process, we would like to appeal to fellow South Africans not to prejudge this process and to engage with it and the opportunities that the Ad Hoc Committee would avail for them to table their concerns, make recommendations with a view to improving the current version of the Bill, allow the Ad Hoc to consider the inputs without putting undue pressure on members.
In the National Assembly, we witnessed a feature that undermined due process as members of the public prejudged discussions and some deliberately misled the public in their comments and reporting. Worse, Ad Hoc Committee members were targeted and called by all sorts of names. Let us play the ball and not the person. In this regard, members of the media need to report fairly and objectively on all aspects of the work of the AD Hoc Committee not just those that seem to coincide with their own views.
Chairperson, I have delved much on this because the latest polls suggest that most South Africans have not heard about this Bill despite the national debate and engagement that has characterized it. Secondly, 2011 polls had indicated that there was a three way split - one third, new nothing, one third opposed to it and remaining balance in support. This situation has since deteriorated as more urban South Africans have indicated that they know little, if anything at all about the Bill.
We have heard more heated debates in our short history as a non-racial, non-sexist and democratic country. Most of these have been respectable and hope that the Ad Hoc Committee would join us in the call for all of us to return to a debate characterized by values of ubuntu, inhlonipho (mutual respect), humility and hearing what others are saying and addressing it without fear, favour or prejudice. Honesty; accepting the truth no matter how bitter it may be, in the national interest and quest to advance the debate. I believe, Chairperson, that this process gives us all an opportunity to review our entrenched positions with a view to create consensus - sufficient consensus to make headway and to conclude the debate.
I remain committed to assisting the Ad Hoc Committee in whatever way or manner I can. The staff from the Ministry and the Agency would be here to provide whatever support and to explain whatever issues you may confront during your deliberations. I may, with your permission, request audience with the Committee when the public hearings are concluded to share views that may help you in bringing this work to finality.
I thank you, Chairperson, and esteemed members of your Committee for your attention and the opportunity to explain what drives us to propose this legislation.
