positive and negative developments over
the past year. At the forefront of what
could be considered negative, are developments in South Africa around the ‘Protection of State Information’ Bill and the misuse of the ‘Nation Key Points’ Act, where it
is argued that the country is progressively
slipping in to a pattern that favours securitisation over the right to information.
In particular, worries abound around the
inclusion in the ‘Protection of State information’ bill of harsh penalties directed at
those who come in to possession of State
Information that has already been leaked.
Despite a weak public interest defense
that has been introduced to current version of the Bill, this will undoubtedly place
severe restrictions on the media, as well as
severely penalising whistleblowers.
Much controversy has continued to
surround The ‘National Key Points’ Act of
1980, which allows the head of SAPs to
declare any place that is deemed vital to
national security as a ‘key point’. The use
of this apartheid piece of legislation has
increased by over 50% in the past 5 years.
The Government, however, despite a series
of requests form freedom of information campaigners, continues to refuse to
release a list of what type of places are
currently protected under the current
provisions of the law. This allows almost
any place to be deemed a ‘national key
point’ on the grounds of national security. In fact the Department of Works has
used this provision to frustrate a probe in
to 203 million rand upgrade to President’s
Zuma’s home. This severely undermines
the publics’ right to information and is in
direct conflict with allowable limitations
on the right to information under International law. The Johannesburg Principles,

for example, in Principle 2(a), states that
“A restriction sought to be justified on the
ground of national security is not legitimate unless its genuine purpose and demonstrable effect is to protect a country’s
existence or its territorial integrity against
the use or threat of force, or its capacity
to respond to the use or threat of force,
whether from an external source, such as a
military threat, or an internal source, such
as incitement to violent overthrow of the
government.”
Despite regressive developments in
South Africa, however, there have been
come positive developments in the region
around access to information. In March,
94.5% of the Zimbabwean population
voted for the adoption of a new Constitution. Article 62 of the new Constitution
grants the right to access to information
to its citizens, as well as placing an obligation on Government to enact access
to information legislation. In addition to
this, the newly inaugurated president of
Malawi stated that access to information
legislation would be in place in Malawi
within a year. The Government of Namibia,
through its Ministry of Information and
Communication Technology, also publicly
committed itself to enacting access to information legislation in the Country.
There have also been a number of ongoing processes that stalled in 2012, much
to the disappointment of access to information advocates on the continent. The
Government of Botswana, whilst rejecting
a bill on access to information, brought
before parliament by opposition member
Hon. Dumelang Saleshando, stated that
they would enact such legislation at the
following February session in 2012, an
event that has never taken place. The Gov-



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