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South Africa 'secrecy bill' approved by parliament | South Africa 'secrecy bill' approved by parliament |
(about 17 hours later) | |
South African MPs have approved a controversial media bill after a three-year battle over the legislation. | South African MPs have approved a controversial media bill after a three-year battle over the legislation. |
Dubbed the "secrecy bill", lawmakers say the Protection of State Information Bill will safeguard state secrets. | Dubbed the "secrecy bill", lawmakers say the Protection of State Information Bill will safeguard state secrets. |
It has been substantially altered during its passage through parliament. | It has been substantially altered during its passage through parliament. |
Critics say it still does not provide enough protection for whistleblowers exposing corruption, with penalties of up to 25 years in jail for revealing classified information. | Critics say it still does not provide enough protection for whistleblowers exposing corruption, with penalties of up to 25 years in jail for revealing classified information. |
It was passed by 189 votes to 74, with one abstention in the National Assembly, where the governing African National Congress (ANC) has an overwhelming majority. | It was passed by 189 votes to 74, with one abstention in the National Assembly, where the governing African National Congress (ANC) has an overwhelming majority. |
Pubic interest clause | Pubic interest clause |
State Security Minister Siyabonga Cwele said the law would "strengthen democracy while balancing transparency and protecting our national security and national interests", AFP news agency reports. | State Security Minister Siyabonga Cwele said the law would "strengthen democracy while balancing transparency and protecting our national security and national interests", AFP news agency reports. |
"There is no-one who can hide corruption through this act," he said. | "There is no-one who can hide corruption through this act," he said. |
But the main opposition Democratic Alliance (DA) party described the bill as "unconstitutional" and urged President Jacob Zuma to refer it back to parliament for further amendments. | But the main opposition Democratic Alliance (DA) party described the bill as "unconstitutional" and urged President Jacob Zuma to refer it back to parliament for further amendments. |
"In the event that this should fail, I have already begun to lobby the leaders of other political parties in parliament, to refer the law directly to the Constitutional Court," the DA's parliamentary leader Lindiwe Mazibuko said in a speech before the vote. | "In the event that this should fail, I have already begun to lobby the leaders of other political parties in parliament, to refer the law directly to the Constitutional Court," the DA's parliamentary leader Lindiwe Mazibuko said in a speech before the vote. |
The Right2Know campaign group has also said it intends to take legal action if the president signs it into law. | The Right2Know campaign group has also said it intends to take legal action if the president signs it into law. |
The legislation "would add to the generalised trend towards secrecy, fear and intimidation growing in South Africa today", the group said in a statement. | The legislation "would add to the generalised trend towards secrecy, fear and intimidation growing in South Africa today", the group said in a statement. |
The South African National Editors' Forum (Sanef) said President Zuma had the option of referring it directly to the Constitutional Court, the highest court in South Africa. | The South African National Editors' Forum (Sanef) said President Zuma had the option of referring it directly to the Constitutional Court, the highest court in South Africa. |
It said the changes to the bill made by the upper house of parliament late last year had improved the legislation in "important ways". | It said the changes to the bill made by the upper house of parliament late last year had improved the legislation in "important ways". |
"But they do not go far enough. The bill still has the potential to be used as an instrument of secrecy in a democracy that can only thrive in a climate of openness," Sanef said in a statement. | "But they do not go far enough. The bill still has the potential to be used as an instrument of secrecy in a democracy that can only thrive in a climate of openness," Sanef said in a statement. |
The revised bill has removed provisions that would have allowed almost any government agency to classify material, Reuters news agency reports. | The revised bill has removed provisions that would have allowed almost any government agency to classify material, Reuters news agency reports. |
Public interest provisions have also been introduced into the bill, which was first passed by the lower house of parliament in November 2011. | |
But Right2Know says this does not stop whistleblowers, journalists or activists who disclose classified information from being charged with "espionage" and "hostile activity". | But Right2Know says this does not stop whistleblowers, journalists or activists who disclose classified information from being charged with "espionage" and "hostile activity". |
The group said there was also a need for a "public domain defence" so that once a secret was in the public domain a person could not be prosecuted. | The group said there was also a need for a "public domain defence" so that once a secret was in the public domain a person could not be prosecuted. |
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