Draconian bill poses serious risk to transparency

THE South Durban Community Environmental Alliance (SADCEA) says the Critical Infrastructure Protection Bill, which was published in the Government Gazette in September, poses a serious risk to transparency, freedom of expression and corporate and government accountability. According to the Alliance’s Desmond D’sa ,the bill seeks to replace the apartheid-era National Key Points Act, on the back of growing criticism of the Act and its questionable constitutionality.

“This bill is in conflict with a number of other pieces of legislation enshrined in the Constitution and the policies of the government of South Africa. Enacting draft legislation must be done in a consultative manner and must be made in conjunction with policies and commitment as outlined in the constitution. The bill presently on the table does not guarantee a change in this practice and therefore fails to protect people who are impacted upon by these activities. The bill is vague and does not include the broad public that will be impacted, rather it talks only to the applicant and individuals key national sites which may have a much broader impact,” said D’sa.

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The purpose of the Critical Infrastructure Protection Bill is to identify buildings and locations whose functioning is considered vital to national security; the Minister of Police may declare any such site to be a National Key Point. Once this happens, the owners of the site are responsible for putting certain security measures in place (the level of security is tailored to the importance of the site). Under the Act it is a crime to reveal any information whatsoever about the security measures – the maximum penalty is three years in prison or a R10, 000 fine.

“In our view, the Act has privatised and outsourced the use of “national security” as a tool to promote secrecy and undermine freedom of expression and accountability in the public and private sector. The Act’s broad, vague and draconian powers have led to numerous abuses grand and small – often inviting officials to exercise powers of secrecy and repression that go far beyond the specific measures of the Act.” he said.

In conclusion D’sa said: “Among other concerns is that the Bill will dramatically expand the scope of the National Key Points policy, and the number of sites protected by such a policy is likely to increase exponentially. The Bill contains secrecy clauses that could prevent whistle-blowers, journalists, researchers and activists from disclosing information about security measures and related activities at sites protected as Critical Infrastructure, with prison penalties that are dramatically harsher than those in the 1980 Act. We reject policies that invite officials to exercise powers of secrecy and repression. We have to protect our hard-won rights to protest, access to information and media freedom.”

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