Secrecy bill could harm the ANC more than the media

The Sunday Times headline story by Stephan Hofstatter and Mzilikazi wa Afrika — how the government spent R4.2 million buying and furnishing a plush home for police commissioner General Bheki Cele — is the perfect example why certain parties are adamant that the Protection of Information Bill (POIB) should be implemented and why South Africans across the board must resist it.

There is not a political party, organisation or ordinary citizen who will not be prejudiced by this bill. If I refer to the ANC in this article it is because many of their members are in favour of the bill. I would like to demonstrate why it is not the panacea for their problems. In fact, out of everyone, it will prove most problematic for them.

The reason why it will adversely affect the ANC, in real terms — on the ground — is not because it is unconstitutional, which it is, and not because of overseas pressure, which will be substantial, but because it will mean that once a certain clique gets into power within the ANC they will be incapable of removal because no matter what harm they do nobody will ever know about it.

If the parties concerned within the ANC are carrying on in a manner that members of the party believe are not in keeping with the ANC how would (a) news of this be given to the general membership of the party? (b) proof of this be obtained? (c) distributed?

In reality not only will there be few — if any — members of the media willing to touch it but ANC members who think they are going to raise any indiscretion better start reading the bill now. The bill is not there for the media only but anyone who dares to handle classified information. So pulling out a classified document at an elective conference, to prove corruption on the part of an opponent. won’t get you elected it will get you 15 years in the nearest jail.

The Cele article

Let’s look at the Cele article in practical terms against the Protection of Information Bill.

The Bill is there to protect information in the interests of national security.

But who decides what information qualifies for protection? The answer is any head of an organ of state .

In this article : “The government spent R4.2 million buying and furnishing a plush home for police commissioner General Bheki Cele in an exclusive Pretoria suburb after he turned his nose up at the official residence he was offered.”

Is this information in the interests of national security?

Without doubt, unquestionably there is no basis for claiming that it is.

Indeed it is in the national interest that the public should know what the government is spending on its top police official because we have just had Jackie Selebi convicted on corruption charges.

Yet if the Protection of Information Bill was in place there is no question that the documentation surrounding this transaction would have been classified.

Look at the article again : “Documents seen by the Sunday Times show that the state spent R4.2 million on buying and furnishing a home for Cele in the exclusive suburb of Waterkloof.”

Those documents would have been classified and this article could never have seen light of day.

In fact if this article were up post-POIB the police would be raiding the Sunday Times right now arresting everyone for being in possession of documents classified in the interests of national security by the head of an organ of state.

The criminal in terms of our law — as it will be then — the person who dared expose unnecessary spending in government.

Who loses?

The masses and workers whose money is being used up to fund extravagant expenditure when it could be better applied elsewhere.

Where does national security fit in?

Only in that any head of a state organ can classify anything they want under the banner of something being in the interests of national security. The fact is, as set out above, the information nine times out of 10 should be in the public domain to protect national interests. In this case the masses and the workers.

Any lawyer will tell you that if regard is had to Sections 11 and 12 of the Bill then the parties responsible for classifying documents basically have an unfettered discretion. Section 17, which itself starts off “17 (1) For the purposes of classification, classification decisions must be guided by Section 21 and the following: (a) Secrecy exists to protect the national interest” is meant to offer guidelines.

In real terms — on the ground — the only way that Section 17 will have any meaning is when people holding classified documents (hold them up to the prison bar guys, they make pretty patterns) actually test them in court. That, in accordance with Sections 32 to 46, would be about the most stupid thing you could do with your life. You would be running the risk of long-term imprisonment while courts over a number of years sort out the mess that is “the intention of the legislature in respect of each paragraph or part thereof”.

Don’t forget to smile while you are doing it because Section 30 says that the State Security Agency (SSA) are the guys monitoring it.

In other words in the new South Africa post-POIB, no newspaper or media with an ounce of brains would get involved in anything substantial to do with politics or corruption.

Wait! I may be wrong there might be one example of some poor genius who isn’t aware of POIB and produces a document about a member of a clique.

After they are sentenced to rot there won’t be anyone getting involved.

The reality

The reality is that if this bill (drafted I believe on the day after Magna Carta — in opposition to it — which should date it) sees light of day, there would be very few, if any, members of the local media prepared to go the hard yards.

This would leave it to members of the ANC, ANCYL, Cosatu, and SACP to raise issues of government corruption and ineptitude. Particularly if they want to show why they should be elected in the place of a clique member.

They could then claim for example that General Cele spent R4 million on a house.

He would then say it is absolute rubbish and claim it to be a conspiracy against him.

Joe Genius of the ANCYL would then produce a document showing this to be the case.

Prisoner 5647899876 Joe Genius would then tell his lawyer that when the SSA and Hawks arrived at his house his neighbours thought that Zimbabwe had invaded because there were over 70 vehicles and 200 police and other officials surrounding the property. He was told to lie flat on his stomach and push the Cele document out using his nose.

The real question

Those in favour of the bill keep asking why people are against it.

That’s like asking people without warts on their faces why they don’t want one.

The classification of documents in the interests of national security is covered by prevailing law, the only question is :

WHY WOULD YOU EVER WANT THIS BILL?

Secrecy Bill – Wonkie CartOOn!