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tion, which would be a threat to “national
security”. The public interest override is
not adequate and this has been the major
contention by right to information activists. The National Assembly voted the Secrecy Bill in on 22 November 2011, by a
hefty ANC majority (229 to 107).
The second tier of Parliament, the
National Council of Provinces (NCOP)
conducted public consultations at which
many members of the public protested against the implications of the Bill.
Amendments were made but not enough
to protect journalists. In November 2012,
the NCOP passed the Bill. In 2013 the
Bill will go before the National Aseembly
one more time, before it proceeds for the
president’s signature. Then it is law.
The Right2Know (R2K) coalition, consisting over 400 organisations and over
30,000 individuals, consistently fought
the Bill from its inception. Once the Bill is
enacted the Confederation of South African Trade Unions (Cosatu), the R2K and
the South African National Editors’ Forum
(Sanef) intend challenging it in the Constitutional Court.
Already, journalists struggle to acquire information in the public interest,
as they are up against the National Key
Points Act, of 1980 (protecting “installations of strategic importance”), legisla-



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tion from apartheid days. According to
R2K using this act has increased by 50%
over the past five years to stop the flow
of information. The most recent case
was the Public Works Ministry blocking
financial info to journalists about president Jacob Zuma’s R280-million (approximately US$30-million) development of
his homestead in Nkandla, Kwazulu-Natal
province. Thus, the president has been
shielded from scrutiny.

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Seemingly unrelated, a move from
within the industry itself, cut into media
freedom, was the switch from self-regulation to “independent co-regulation”.
While industry players, from Sanef to the
Press Council, emphasised that a review
of self-regulation had nothing to do with
the ANC’s criticism of the press, and its
desire for a MAT, and the review was a
“completely independent process”, from
an outsider perspective, it appeared to be
a trade off, and a response to the ANC’s
and South African Communist Party’s numerous complaints about the “untransformed and bourgeoisie media”. The ruling
party’s view was that the Press Council
had no “teeth”, was not independent of

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