Stop South Africa’s Secrecy Bill!

RIGHT2KNOW (R2K)

Thousands of people across South Africa have united against the proposed Protection of Information Bill (the Secrecy Bill) being discussed in Parliament, which threatens to drag South Africa back to apartheid-era secrecy and undermine community struggles for access to information. Despite months of public outcry from a wide spectrum of civil society organisations, political parties and ordinary citizens, MPs of the ruling party seem determined to finalise the Bill by 24 June with many of its draconian provisions intact!

 

The Right2Know Campaign calls on all those who object to the passing of the Secrecy Bill in its current form to make their collective and individual voices heard now by signing this petition!

Let the truth be told

Stop South Africa’s Secrecy Bill!

A responsive and accountable democracy that can meet the basic needs of our people is built upon transparency and the free flow of information. The gains of South Africans’ struggle for freedom are threatened by the Protection of Information Bill (the Secrecy Bill) currently before Parliament. We accept the need to replace apartheid-era secrecy legislation. However, this Bill extends the veil of secrecy in a manner reminiscent of that same apartheid past. This Bill fundamentally undermines the struggle for whistleblower protection and access to information. It is one of a number of proposed measures which could have the combined effect of fundamentally undermining the right to access information and the freedom of expression enshrined in the Constitution.

 

The Bill will create a society of secrets

• Any state agency, government department, even a parastatal and your local municipality, would be able to classify public information as secret. Over 1000 institutions would be granted this power.
• The definitions of ‘national security’ remain vague and open to abuse. Even ordinary information relating to service delivery can become secret. Officials do not need to provide reasons for making information secret
• Anyone involved in the ‘unauthorized’ disclosure of classified information can be prosecuted; not just the state official who leaks information.
• The disclosure even of some information which is not formally classified can land citizens in jail. This will lead to self-censorship and have a chilling effect on free speech.
• Whistleblowers and journalists could face harsh prison sentences for releasing classified information in the public interest; they would spend more time in prison than officials who deliberately conceal public information that should be disclosed. Even the leaking of secret information in the public interest is criminalised.
• A complete veil is drawn over the workings of the intelligence services. It will prevent public scrutiny of our spies should they abuse their power or breach human rights.

 

Our demands:

The Constitution demands accountable, open and responsive government, realised among other things through freedom of expression and access to information. Our elected representatives are bound by these Constitutional values and any legislation they pass must comply. Furthermore, we recognise that the Protection of Information Bill is a symptom and symbol of an existing climate of secrecy facing South African communities today: ordinary South Africans struggle to access information that is relevant to their livelihoods. We demand that the Protection of Information Bill – the Secrecy Bill – must reflect the following:

 

1. The Bill should apply only to core state bodies in the security sector such as the police, defence and intelligence agencies.

1. Even then, the Bill’s powers must be limited to strictly-defined national security matters and no more. Officials must give reasons for making information secret.

1. Do not exempt the intelligence agencies from public scrutiny.

1. Do not apply penalties for unauthorised disclosure to society at large, only those responsible for keeping secrets.

1. Do not criminalise whistleblowers and journalists: the Bill must protect those who release classified information if that information is in the public interest.

1. An independent body appointed by Parliament, and not the Minister of State Security, should be able to review decisions about what may be made secret.

 

Any law that doesn’t meet these demands is unconstitutional and must be scrapped!

 To sign this petition, visit www.r2k.org.za or fill in your details below:

 

First Name	Surname	Email address	Phone	Signature

Please return to Tinashe Njanji by 10 June 2011: admin@r2k.org.za or 0214617211

Right2Know calls for new period of action on Secrecy Bill

Right2Know calls for new period of action on Secrecy Bill
26 May 2011
The decision by ANC MPs on Parliament’s ad-hoc committee to vote on clauses of the Secrecy Bill on Tuesday confirms that the ruling party is willing to use its majority on the committee to steamroll a range of unresolved problems with the Bill (see outstanding demands below). Despite months of public outcry from a wide spectrum of civil society organisations, political parties and ordinary citizens and stalled debate in the committee room, MPs have failed to reduce in any meaningful way the Secrecy Bill’s draconian provisions. Indeed, ANC MPs seem determined to finalise the Bill by June 24 using any means necessary, including ramming it through via clause-by-clause voting.

What yesterday’s events confirm is that the ANC position on the Secrecy Bill has hardened. As a result, its MPs have reneged on a number of concessions made in recent months to reduce the Bill’s powers.

On Tuesday the chair of the committee, Cecil Burgess, allowed state law advisors to table a version of the Bill which does not include the concessions made in a previous draft tabled by the ANC. This version of the Bill will introduce wide powers for the state to classify information at every level, and will have no independent oversight, or proper whistleblower protection. In doing so, Burgess and other ANC MPs on the committee have negated a number of gains made in narrowing the Bill’s discretions, reversing what progress had been made in aligning the Bill with constitutional provisions around the rights of freedom of expression and access to information.

This is a struggle that is bigger than political affiliation. The Secrecy Bill will affect us all!

The Right2Know Campaign is calling for a new period of action to stop the Secrecy Bill.  We call on all those who are seriously concerned by this turn of events to make their collective and individual voices heard now. In the coming days, as MPs meet in Parliament to finalise the Secrecy Bill, R2K working groups will join together to develop plans to ratchet up the pressure to halt this regressive piece of legislation that threatens to take our country back to the dark days of secrecy. The ANC must abandon its efforts to pass the Bill in its current form and withdraw the Bill to be redrafted from scratch, with proper public consultation. We will spread the message across the country and the globe:  Stop the Secrecy Bill! Let the truth be told!

For comment please contact:

Dale McKinley
R2K Gauteng spokesperson
072 429 4086 and dtmckinley@gmail.com

Judith February
R2K Western Cape spokesperson
083 453 9817 and jfebruary@idasa.org.za

Quinton Kippen
R2K KwaZulu Natal spokesperson
083 871 7549 and quinton@ddpdurban.org.za

Murray Hunter
R2K National coordinator
072 672 5468 and murray@r2k.org.za
R2K demands:
When the Right2Know launched on 31 August 2011, we tabled the ‘7 Point Freedom Test’, a list of demands that must be met by any law governing state secrecy. So far only one has been addressed:

1.      Limit secrecy to core state bodies in the security sector such as the police, defence and intelligence agencies.

2.      Limit secrecy to strictly-defined national security matters and no more. Officials must give reasons for making information secret.

3.      Exclude commercial information from this Bill.

4.      Do not exempt the intelligence agencies from public scrutiny.

5.      Do not apply penalties for unauthorised disclosure to society at large, only those responsible for keeping secrets.

6.      An independent body appointed by Parliament, and not the Minister of State Security, should be the arbiter of decisions about what may be made secret.

7.      Do not criminalise the legitimate disclosure of secrets in the public interest.

Any law that doesn’t meet these demands is unconstitutional and must be scrapped!

Duties of Metro Police…

Greetings Mr. A. Pillay,

I am not sure if my previous correspondence to you was the reason for the smooth flow of traffic from the 07^th of April 2011 to the 15^th of April 2011. I would like to thank you should for ensuring that these officers do their work effectively and efficiently.

As of Saturday 16 April 2011, the robots at the intersection of the M41 and the N2 (north bound) off ramp as well the M41 and N2 (south bound) of ramp have been out of order. Today traffic was backed on the M41 way past the bridge going over the Phoenix Highway. There was a metro police vehicle parked on the painted island monitoring traffic ensuring no vehicles travel in the emergency lane perform any illegal activity either traveling east on the M41 or as they join the M41 from the Phoenix Highway. There was also a vehicle (NDM 6817) parked in the bushes where Flanders Drive joins the M41 (east bound) and a male and female offer performing their routine duty of pulling vehicles over and giving them tickets for various reasons. After spending more than 45minutes (7:35-8:20am) to get from the Flanders Drive/M41 intersection to the M41/N2 intersection then to notice the robots still not working with only a points man at the M41/N2 (south bound) intersection. An additional points man was walking towards the M41/N2 (North bound) off ramp to perform duty.

As I have not heard from you previously regarding the first correspondence sent, it is with grave concern that I need to ask what the purpose of metro police is when traffic lights at major intersections are not working yet the officers are giving traffic violation tickets a few hundred metres away? Does not the interest of society become first priority to ensure traffic is smooth flowing allowing them to get to work at reasonable times or is the metro police becoming a capitalist body whose only interest is about making money from traffic fines and fulfilling their fine quotas for the day? This has to be asked because I am only noticing these police giving tickets and performing these duties at those particular points between the 16^th and end of every month.

Please can you provide some clarity to this regard.

I look forward to your correspondence.

Thank you,

Regards

Quinton Kippen

Name them but most of all discipline them appropriately…

Greetings Mr. A. Pillay

Sent: 06 April 2011

I reside in Phoenix and commute Monday to Friday to the city centre to work. It is very interesting to note that on most days there are metro police vehicles (Verulam or Kwa Mashu) parked either in the yellow line on the M41 (up to 8 vehicles) and at least 12 personnel pulling over motorists checking the vehicles and issuing fines for various faults that were found. This activity mostly takes place during peak traffic (6:30am-8:30am) at least twice a week.

Last Thursday 31 March 2011, the metro police were out on duty doing their random checks and pulling over motorists and issuing tickets for various reasons. On Friday 01 April 2011, there was not a police vehicle or personnel in sight and the traffic lights at the intersection of the M41/ N2 off ramp were out of order.

Today, coming to work there was a slight drizzle and the traffic light at the M41/N2 off was not working correctly. After spending more than 90minutes in traffic from the Phoenix highway on ramp to the M41 to the M41/N2 intersection we find the robots not working and parked on the island next to the robot is a metro police vehicle (NDM 7435). One of the officers was standing outside the vehicle talking with a lady while the other officer was sitting in the vehicle. The intersection was very chaotic and they showed no interest in trying to remedy the situation.

I called your offices (031 361 0000) and spoke with Josh who informed me that the response he got from a captain from the North Durban unit was that the  police could not perform points duty because it was raining.

My second point during my journey to work, at the intersection of the Jan Smuts highway and the road leading to Cato Manor. Two metro police officers were in the metro police truck with their eyes fixed on the cellphones while people were blatantly engaging in illegal activity of making U-turns and the intersection to go back up the Jan Smuts Highway. Unfortunately as I write this letter I do not have the registration of the truck on hand but it is in my possession.

Please can you help me understand and confirm if this response is true and if this is not can you please provide a reason and the steps taken should this be a case of people shirking their responsibility as paid officers.

I look forward to your response.

Thank you,

Regards

Quinton Kippen

Sutcliffe wants to rent out the beach…

Rental of beach

Can you believe this, and to confirm it I met with the association fighting this and they have confirmed it. This issue actually started out as an April Fools joke and now has become a reality. I will not allow another person to claim the beach as their own and privatise it for personal gain. Show your support against these injustice taking place in the country and especially in our own municipality.

Finalising the Secrecy Bill

We call on the people of South Africa and organisations to take a stand against the bullish arrogant behaviour of government…

Committee expects to finish Secrecy Bill in four meetings

The Right2Know campaign today expressed its shock at the proposed schedule for finishing work on the Secrecy Bill, and called for the Committee to scrap the Bill. A proposed schedule being circulated among committee members suggests that the Bill may be debated for another four meetings, and then voting to adopt a position on the Bill.

 

“We’ve seen the proposed schedule for wrapping up the Secrecy Bill, which suggests four more deliberation meetings of the Committee will do the trick,” said Alison Tilley on behalf of the campaign.  “No amendments have yet been tabled, and one of those meetings will do nothing but try to get the various opposition party positions clear, without the ANC tabling anything until the subsequent meeting. The committee therefore have to do a line by line reading of the Bill, and deal with the wording of all proposed changes in just two meetings.”

 

“It is this type of planning that has caused the discussions on the Bill to go in circles in the Committee,” said Tilley.

 

The Right2Know campaign has repeatedly called into question the Committee’s readiness to deal with a Bill as dangerous and far-reaching as the Secrecy Bill. The position of the ANC is not clear on many of the major issues raised by civil society and the opposition, let alone the minor drafting issues that have not yet even been discussed.

 

In light of the mounting unresolved problems with the Bill, the campaign believes that withdrawing the Bill to be redrafted from scratch is the only feasible solution.

 

Furthermore, in the event that the committee attempts to go ahead with the current schedule – passing the Bill to the National Assembly by 24 June – the Right2Know campaign will return to mass action to highlight and expose our MPs’ cavalier approach to this disastrous Bill and apparent willingness to ram through anti-democratic legislation.

 

Unresolved issues

§  The Bill still promises to cast a veil of secrecy across the public sector, covering 1001 institutions, including municipalities, universities and parastatals such as Eskom.

§  The Bill still promises outrageously harsh prison sentences for journalists who expose secrets in the public interest. There is no public interest defence.

§  The Bill will still penalise everyone in the ‘distribution chain’ of leaked information (i.e. it will be a crime to receive a state secret). It should only be the official who breaches classification that should be penalised.

§  The Bill was never submitted for a cost assessment as required by the Public Finance Management Act. This may be an impossible task, since the Bill’s applications are so wide.

§  The committee has failed to correctly categorise the Bill, thereby excluding the National Council of Provinces from deliberations

§  There is no independent oversight for the making of secrets. In the current version of the Bill the Safety and Security Minister is responsible for reviews.

 

 

Copy of proposed schedule for Protection of Information Bill

Friday 15 Apr – deliberations

Tues 19 Apr – deliberations

Tues 24 May – deliberations

Fri 27 May – deliberations

Fri 3 June – voting on proposed amendments

Fri 10 June – final consideration of amendments

Fri 17 June – adoption of report

Fri 24 June – Report to be debated in the House

 

The DA is shooting itself in the foot by refusing to explain its alleged relationship with the Gupta family.

S’thembiso Msomi: The DA is shooting itself in the foot by refusing to explain its alleged relationship with the Gupta family.

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Columnists

• S’Thembiso Msomi
  Guptas’ race a red herring

When the Sunday Times asked the party, two weeks ago, if it had ever benefitted from donations by the family or any of its companies, DA federal chairman James Selfe refused to say.

“The DA has a long-standing policy never to disclose information about donations to the party . [We] do not say who does or who does not donate to the party,” Selfe said.

On Sunday, City Press reported that DA leader and Western Cape Premier Helen Zille had refused to confirm or deny allegations that she had visited the Gupta compound in Saxonwold, Johannesburg, in October.

The newspaper quoted sources that said that they had seen Zille being dropped at the house by a driver and that she had gone inside alone.

Instead of a straightforward answer, admitting or denying that Zille had visited the Guptas, her spokesman, Priya Reddy, adopted the same stance as Selfe, hiding behind party policy of not revealing the identity of its donors.

Mind you, City Press had not asked if the family funded the DA – it wanted to know if the party leader had visited the house.

For a political party that professes to be a great advocate of an open society, the DA’s behaviour is curious.

An open society, the DA tells us in its policy documents, is one in which, among other things, “transparency and accountability” are guaranteed.

Well, it is time party leaders practised what they preach.

If Zille did visit the Gupta homestead, she broke no law. Like any other citizen, she has every right to pay a visit to the home of whomever she wants. But her party’s refusal to confirm or deny that she did so leads to suspicions that she has something to hide.

There have been too many rumours about the Guptas holding sway over our political elite. Much of this has centred on their ties to President Jacob Zuma and his family.

But there have also been allegations that the brothers – or those connected to them – often brag to ANC and government officials about their influence extending far beyond the ruling party.

Unless the DA and other political parties are open about their sources of funding, it is difficult not to believe that their unusual silence when the Gupta story first broke had to do with donations to party coffers.

Zille should take a leaf out of United Democratic Movement leader Bantu Holomisa’s book.

When the Sunday Times approached Holomisa with similar claims that his party was a beneficiary of the Gupta brothers’ generosity, the former Transkei ruler readily admitted to having received R100000 from the family.

“They helped us with the conference last year and it was the first time we had gone to them,” Holomisa said.

His openness about the issue makes Holomisa believable when he says the donation did not influence his party’s attitude towards the family.

“Our integrity is not compromised. We are not apologetic . because political parties approach all companies cap in hand. We went to them in good faith and we even wrote them a letter thanking them for the donation,” Holomisa said.

As the country’s second-biggest political party – and the ruling one in Western Cape – the DA wields a lot of power.

Therefore it should be our right as citizens to know if its decisions – and of course those of the ANC – are not unduly influenced by secret funders.

If there is one thing the ANC and the DA seem to be in agreement on it is their refusal to support steps that would make political party funding more transparent.

DA leaders often say the party will open its books only once the ANC agrees to do so.

But if the party is genuine about building itself into an attractive alternative to the ANC, it will choose transparency over secrecy.

It is hypocritical of its leaders to demand that the ruling party be transparent about the Progressive Business Forum, Chancellor House and other fund-raising methods the ANC employs while it keeps its own books closed.

 

Call to the People of South Africa to Defend Democracy

Right2Know

Media statement

Call to the People of South Africa to Defend Democracy.

Join the Mass March in Durban on 21^st March 2011

Be a part of history!

Human Rights make up the core of the Bill of Rights and the South African Constitution.

There is increasingly blatant disregard of these rights by the government.

Therefore we need to stand up and be counted to:-

Fight the Employment Equity Act. Fight for Jobs for all of South Africa’s peoples.

1. Fight for Freedom of Expression. The proposed Protection of Information and the Media Tribunal Bills are an attack on the cornerstone of Democracy. You have the right to access information from the government and corporate entities; the right to know about deals struck and who are the beneficiaries.
2. Fight for the Right to transparent, accountable and participatory governance.
3. Fight for the Right to a Clean Environment: – Pollution from major industry is affecting the South DurbanIndustrial Basin and other communities around landfill sites.
4. Fight for the Freedom of Movement.  The Employment Equity Act must not decide where you will live and work. No to Apartheid Job Reservation!
5. Fight for the right to free quality education by qualified and dedicated teachers.Fight against under-resourced, poorly maintained and poorly managed schools.
6. Fight for the right to free and fair trade, access to natural resources, the right to monopoly free food, fishing spots, street traders.
7. Fight against Racist statements and as well as unfair treatment of the immigrant community.
8. Fight for the right to quality health care, the right to dignified housing, access to employment, and to basic services.
9. Fight for the Right to non-genetically modified foods.
10. Fight against all forms of corruption at every level.
11. Fight against crime, gangsterism and the drug lords.

We demand adherence to the Bill of Rights and the Constitution. We stand with one voice to defend our rights. For too long government has ignored the rights of citizens and has supported big business against the poor. We cannot sit back and expect government to change. The people of must apply direct pressure and force the authorities to change.

Join the Mass Public Protest on21 March 2011

At Botha’s Gardens from 08h30 (the lower end of Berea Road) – leaving for City Hall at 9h30. For more information contact Quinton 083 871 7549, Des 083 982 6939

Speakers at City Hall: Jay Naidoo (to confirm), P R Dullay, Prof Patrick Bond and others.

The Right2Know (R2K) is a national body made up of over 400 Non-Government Organisations and close to 15 000 prominent individuals, amongst them are writer, Nadine Gordimer and Arch Bishop Desmond Tutu.

Quinton Kippen

Right2Know Campaign, KZN Coordinator

Tel: 031 304 9305

Cell: 083 871 7549

E-mail: quinton@ddpdurban.org.za

Your Problem Not Ours…

Death is always a tragedy and it always hurts no matter the circumstances. People are traumatised and there are many other emotions and thoughts that people experience.

Recently my family and I were faced with such a tragedy. We then entrust our loved one into the hands of “the professionals”. They can go to the ends of the earth and even illegal activities to ensure they get your business and once they have that you are on your own.

This has been first hand experience to the extent whereby the grieving family were not even aware until the last hour of the neglect by these “professionals” and blatant disregard and disrespect for the deceased and grieving family.

T.G Govender and Sons is one of the companies I will not recommend to any person who requires the services of professional undertakers. Not only has my experience with them left an indelible impression on my mind but also a non-ending sickening feeling in my gut. Without going into details and putting you through the same trauma, it is best said that professionalism extends above and beyond just rands and a few favours.

These favours I talk about are really services that you are eventually paying for and the extra mile they are “prepared” to go is just so that they can and hope in future keep the business. So next time you find yourself in this very good to be true situation and not because they come recommended does it mean the service you get will be equal or better to the person recommending them.

Please share your thoughts or experiences should you have any around this issue. Try and leave out the details if you can.

Thank you,

Quinton

Government works for us and we should never let it forget that

Government works for us and we should never let it forget that

By Candice Holdsworth

As an avid politico I have in recent months been completely captivated by the run-up to the US mid-term elections. Political campaigning in the US is somewhat of a media spectacle, of which the candidates are acutely aware, and as such, usually perform accordingly. It’s often highly entertaining with classic soundbites such as “How’s that hopey changey thing workin’ out for ya?” from the likes of Sarah Palin coupled with the rise of a genuinely novel political movement like the Tea Party. Who could resist? Similarly in SA we are not without our own political intrigue. Not too long ago, although, it is now old news, the ANC party conference in a manner reminiscent of Elizabethan-era factionalism was dominated by the feuding between the ANC leadership and its very own youth league. Zuma vs Malema. Gripping stuff.

We may be at risk, however, of getting lost in the soap opera quality of it all and forget that these same people work for us. Although, the Tea Party is often associated with the highly quotable, controversial personalities of Christine “I’m not a witch” O’Donnell and Sarah “Drill Baby Drill” Palin, the message behind the movement is much more serious and lofty in aim. Quite simple really: less spending, more representation. It is an attempt to push back against politicians behaving like landed aristocracy and treating public office as if it were some kind of entitlement. Sound familiar?

Of course many express reservations about the Tea Party, and perhaps justifiably feel it has been hijacked by raving lunatics and vested interest — an issue I could easily discuss at length. However, my focus for the time being is not on the movement as a whole but the ideal behind it: that governments must always remain accountable to the people they are elected to serve. In the US this is achieved by creating a grassroots political movement. In South Africa this is achieved most effectively by an ever-vigilant media comprised of ordinary tax-paying individuals, like you and I, without whom government could not possibly exist. The world over decries the death of investigative journalism. Not in South Africa where the media takes an active role in chipping away that little bit harder, and exposing the rot within. Much to the chagrin of those they expose.

In an age of unprecedented access to information, the proposed Media Tribunal Bill and the Protection of Information Bill will serve to cast South Africans back to another age. As with those who fell out of favour with Henry Tudor or Louis XIV, we will, like those wretched souls, be interminably confined to a solitary tower of ignorance inside of which, the only conversation we’ll be having will be with our not so benevolent captors, our only source of information, as we become increasingly mentally enslaved to the whims of a state acting purely in its own interest.

Do not internalise the lie that the media behave irresponsibly and that this legislation is for our benefit. It is not. Government works for us, and we should never let it forget that. More importantly we should never forget that.

Candice Holdsworth is a freelance writer who recently completed an MSc in political theory at the London School of Economics.
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This entry was posted on Wednesday, November 17th, 2010 at 2:43 pm and is filed underPerspective, News & Politics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

6 Responses to “Government works for us and we should never let it forget that”

You are so wrong! The government works for the interests of the ANC, not for ours. We only blindly vote to keep them in power and luxury.
It is nothing but wishful thinking, misplaced idealism and naivete that says that we taxpayers, who hold up the whole edifice of society count at all. We are just voting fodder and someone to blame for the abysmal failures caused everyday by our rulers.

(Report abuse)

ian shaw on November 17th, 2010 at 4:42 pm

Whoop-di-da Candice! – and your lofty political ideals are relevant here in Africa?!Here (in fact) we are slaves working FOR the government. The only problem is – the slaves don’t realize it. You,Candice, only serve to perpetuate their control.

(Report abuse)

Waldo Pepper on November 17th, 2010 at 6:49 pm

Bravo Candice!!!

(Report abuse)

Lenny Appadoo on November 17th, 2010 at 8:05 pm

Dissatisfaction with big government seems to be a growing worldwide trend. More and more people are attaching themselves to the cause of liberty.

(Report abuse)

Ernst Malley on November 17th, 2010 at 9:36 pm

While in one sense I like having something to disagree with, as with your first blog, it can also lead to an open-ended argument. Not here. It’s great to see your views expressed unashamedly, unequivocally, and with such fire and elegance.

-D

(Report abuse)

Dave Dexter on November 17th, 2010 at 10:59 pm

Give ‘em hell Candice! Let’s hope South Africans get wise to what the government is trying to do before it’s too late.

(Report abuse)

Eoghan on November 18th, 2010 at 1:14 am

http://www.thoughtleader.co.za/readerblog/2010/11/17/are-we-represented-or-are-we-ruled/