South Africa
media freedom in South Africa in 2014
include the Protection of State Information Bill (dubbed the “Secrecy Bill”), National Key Points Act and the General Intelligence Laws Amendment Bill (known
as the “Spy Bill”).

... [the “Secrecy Bill’s”]
offences and penalties
do not sufficiently take
into account the fact
that in a democratic
society, information
should be disclosed
if it is in the public
interest.
The controversial “Secrecy Bill”, which
we also reported on in 2013, was not
signed into law in 2014. Some civil society concerns were incorporated into
the revised Bill, adopted by the National
Assembly on 12 November 2013, but it
still poses a serious threat to media freedom in South Africa, with each of the
“Secrecy Bill” offences carrying a possible or mandatory prison term.
If enacted, it is feared this law would be
open to broad interpretation and abuse
due to vague and ambiguous language
regarding: the definition of “national security matters”; how information is possessed and communicated, for example
stating that a person ought to reasonably
know whether or not information would
benefit a state and therefore affect na-

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So This is Democracy? 2014

tional security; and the lack of distinction between public servants, the media
and the public when it comes to applying offenses or penalties.
In addition, the Bill’s offences and penalties do not sufficiently take into account the fact that in a democratic society, information should be disclosed if
it is in the public interest. A public interest defence clause, therefore, must be
included in the Bill to increase the media’s ability to combat corruption. The
government must therefore send this bill
to the Constitutional Court for ratification before signing it into law.
The General Intelligence Laws Amendment Bill – or the “Spy Bill” – is also yet
to be passed. This Bill echoes a global
trend of governments increasing monitoring in the name of national security.
In its current form, the Bill does not contain the necessary checks and balances
to prevent the government from spying
on citizens, including journalists.
The National Key Points Act is an apartheid-era law that prevents publishing security arrangements at strategic installation points called “national key points.”
For example, key points, which are described as places deemed by the Minister of Defence to be so important that
their loss, damage, disruption or immobilisation may prejudice the Republic,
may include banks, munitions industries
and water, air and electricity industries.
However, we say “may include” because the government has refused to release a list of national key points. Therefore, this Act allows the government to
declare any building a key point and on
this basis, to refuse access to information about that building.
When spending details on the claimed
“security upgrades’’ for President Zuma’s Nkandla lodge were requested in

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