COSATU Media Monitor, 21 July 2010

The South African Airways’ decision to take legal action against former CEO Khaya Ngqula is being hailed as a victory for the South African Transport and Allied Workers Union (Satawu), which first blew the whistle on his wrongdoing.

On Tuesday, the airline announced its suing the former chief executive for over R30 million following the results of a forensic audit, which found he had exceeded his mandate.

Ngqula took an R8 million golden handshake at the beginning of last year, following months of controversy and allegations.

Cosatu’s Patrick Craven said this move is a lesson to all CEOs that clean governance is crucial.

“We must congratulate Satawu on standing out when they saw that something was wrong. They did not keep quiet, they blew the whistle and produced the evidence,” said Craven.

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1.2 SAA's Ngqula decision welcomed

NEWS24, 21 July 2010

Johannesburg - The SA Airways (SAA) board's decision to institute action against its former CEO Khaya Ngqula was welcomed by the Congress of SA Trade Unions (Cosatu) and the Democratic Alliance on Tuesday.

"This is a great victory for the SA Transport and Allied Workers' Union (Satawu) whose members first blew the whistle on the CEO," Cosatu said in a statement.

This followed the announcement earlier by SAA that a summons was in the process of being served on Ngqula for unauthorised bonuses for executives of R27m.

The board would also seek to recover R3.3m that Ngqula had allegedly spent on hiring hospitality suites in various sports stadiums and at least
R500 000 for free trips that Ngqula had allegedly granted to personal friends.

The total amount the board sought to recover from Ngqula was R30.8m.

Cosatu said that when Ngqula was sacked in March 2009, Satawu had rightly claimed this as a victory. "Cosatu congratulates its affiliate and sends out a warning to any other executives that the trade unions will now be even more determined to follow Satawu's example and to blow the whistle of such examples of crass materialism and theft from a state-owned asset."

The SAA board's decision to institute civil action against Ngqula arose from the findings of a forensic audit by KPMG.

Settlement astonishing

The Democratic Alliance also welcomed the SAA board's decision.

"This represents a welcome departure from the general lack of responsibility that has come to define the other heads of state-owned entities (SOEs) responsible for financial mismanagement," said DA shadow minister of public enterprises Manie van Dyk in a statement.

He hoped the boards of other SOEs would take a leaf out of SAA's book and pursue former CEOs implicated in wasting public funds.

"The decision to pursue Ngqula follows repeated calls by the DA for a thorough forensic investigation to be instituted at SAA following Ngqula's implication in tender rigging to the tune of R1bn, and his subsequent dismissal in 2009.

"It is still a matter of astonishment that he was paid a R13m settlement despite being under investigation for mismanagement, conflict of interest and procurement irregularities."

Van Dyk said that SAA's institution of action against Ngqula should become standard practice in South Africa.

The Freedom Front Plus said it had been noticeable that during Ngqula's term as CEO, public funds were dished out royally, while at the same time SAA suffered a net loss of nearly R2bn.

"The attempt to, in total, regain R30.8m is actually only a drop in the ocean, but CEOs of public enterprises will get the message that they will be held personally accountable," said FF Plus chief spokesperson on public enterprises Pieter Groenewald.

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1.3 Scathing report slams Ngqula's wasteful reign at SAA

Ex-directors under fire

By Mzwandile Jacks, Business Report, 21 July 2010

SAA's previous board of directors came under fire yesterday as questions arose about its inability to identify improper practices and rein in former chief executive Khaya Ngqula.

The current chairwoman of the national airline, Cheryl Carolus, said the previous board had shirked its duties.

SAA said it would begin a process to recover about R30.8 million, which includes R27 million paid for retention bonuses by Ngqula, more than he was authorised to pay out.

SAA also wants to recover R3.3 million Ngqula spent on hiring hospitality suites at various stadiums and R500 000 spent on granting junkets to friends and associates.

"How did Mr Ngqula do this while under the watchful eye of the board?" Carolus asked as she unveiled a scathing report on KPMG's forensic investigation into Ngqula.

Among the revelations is a finding that one director failed to disclose another member's direct interest in a consortium that was awarded a key contract by SAA.

The report presents another indictment on the state of corporate governance and ethics at parastatals. A current board member, Zakhele Sithole, admitted that internal auditors did not carry out their work properly.

"How did the board allow this to happen?" asked Willem Landman, the chief executive of the Ethics Institute of South Africa. "It's a matter of corporate governance and responsible business. If a board allows the chief executive to get away with these things or to do what he has done, one has to really ask the question about the integrity of the way they run the company," Landman added.

A director at law firm Carvalho Hill & Clark, Paula Clark, said it looked like the board's checks and balances which were aimed at monitoring SAA spending had failed dismally in this instance. "It is clear that this amount of money was not used over a day," Clark said.

Two years into Ngqula's tenure the SAA board included: Jakes Gerwel, as chairman, Valli Moosa, Maria Ramos, Louisa Mojela and Marumo Moerane. - Mzwandile Jacks

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1.4 Miner dies in Carletonville

NEWS24, 21 July 2010

Johannesburg - A mineworker died in an accident at Gold Fields' Driefontein mine outside Carletonville on Tuesday, the National Union of Mineworkers (NUM) said.

"The NUM passes its sincere condolences to the families of the deceased and calls on the industry to reprioritise safety at a time when some mines have decided to contest safety measures in the name of production," spokesperson Lesiba Seshoka said in a statement.

The worker, a loco driver, was pinned against a machine and died on the scene.

The union expressed concern that the Chamber of Mines remained far from its zero-fatality target despite talk of progress in terms of reducing mine deaths over the last ten years.

Last week Mineral and Resources Minister Susan Shabangu said those who could not mine safely, should not mine at all.

She urged shareholders and chief executives to take responsibility for safety in South African mines.

Gold Fields could not immediately be reached for comment.

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1.5 Teachers hope government will improve its salary offer

Tebogo Monama, Malebo Moyana and Sne Masuku, Sowetan 21 July 2010

TEACHERS unions are confident that Public Service and Administration Minister Richard Baloyi will present a new wage offer this week.

Last week, unions affiliated to the Fedusa and Cosatu met the Basic Education Minister Angie Motshekga, Social Development Minister Edna Molewa and Baloyi to discuss the wage deadlock.

A dispute was declared last month after the conciliator issued the unions with a certificate to strike. The unions want the employer to review its 6,5percent salary increase and R500 housing allowance offers.

Naptosa (National Professional Teacher's Organisatio) president Nkwai Ramasehla said: "It seems like there won't be anything new in terms of salary increase, but maybe there might be a shift in terms of housing allowance.

"If that happens we might be willing to go back to the bargaining council. What happens tomorrow will determine whether we proceed with a ballot or not."

Chris Klopper, head of the Independent Labour Caucus and president of Fedusa's teachers union, the SAOU (Suid Afrikaanse Onderwysunie) , said: "We are at a standstill right now. We had a meeting with the office of the minister (Baloyi). If they come back to us with a new mandate, then we might go back to the negotiating table."

Klopper said they might meet with Baloyi on Friday.

Sadtu spokesperson Nomusa Cembi said they were still consulting their members on whether to strike or not.

Pupil organisation Cosas discouraged teachers from going on strike. General secretary Sbonelo Shezi said teachers should consider that there were only two months left before the start of matric exams.

"We are fully behind our teachers in demand of better salaries. It is no secret that teachers are the worst paid government workers, but we are pleading with them to hold on with the strike.

"This is a very crucial and dangerous time of the year to go on strike, and we ask that they wait and we promise that at the beginning of next year we will join them in taking their demands to the streets."

Baloyi's spokesperson Dumisane Nkwamba said: "Our position has not changed. We will hold consultations with union leaders by the end of the week."

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1.6 Teachers' unions speak

Tebogo Monama and Malebo Moyana, Sowetan, 21 July 2010

TEACHERS' unions feature in the news only when they are engaged in salary negotiations and threatening to go on strike.

However, Naptosa president Nkwai Ramsehla says: "We actually have a full diary the whole year. The salary negotiations are a small fraction of what we do. We also do professional career development and hold many conferences on areas like English, commercial subjects, science and maths."

Teachers affiliated to Naptosa pay a R55 membership fee every month. For the conferences, they pay R80.

Sadtu members pay a membership fee of R40. When a member dies, the union pays out R6000 for funeral costs. Sadtu has 240000 members.

Sadtu has an "HIV Prevention, Palliative Care for Teachers, Orphans and Vulnerable Children" campaign that addresses effects of the disease on teachers and pupils.

Union spokesperson Nomusa Cembi says: "The campaign began in Eastern Cape, KwaZulu-Natal and Mpumalanga inOctober 2007. It then expanded until it covered all the other six provinces by 2009."

Satu president Chris Klopper says their members pay a R55 membership fee. The union provides 300 in-service training for its members in all subjects and phases.

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1.7 Employers off the hook on reservists’ pay

Employers of reserve force soldiers will not have to pay their salaries while they are on lengthy deployments but will face criminal charges.

WYNDHAM HARTLEY, Business Day, 21 July 2010

CAPE TOWN — Employers of reserve force soldiers will not have to pay their salaries while they are on lengthy deployments but will face criminal charges if they obstruct their employees from complying with such call-ups.

However, there were indications in yesterday’s meeting of Parliament’s defence committee that the South African National Defence Force (SANDF) would like to change the situation and was establishing forums to discuss employers contributing to the salaries of reserve force deployments.

Under apartheid, civilian soldiers were paid a military salary and the employer was required to pay the balance of the soldiers’ earnings.

Briefing the committee, the head of the reserve force, Gen Roy Andersen, said reserve force soldiers were increasingly being used on foreign peacekeeping missions and their performance had been praised by the United Nations (UN). He said that these deployments could be for as long as nine months.

Reserve force soldiers were also recently used to protect World Cup venues and are increasingly being used in border protection roles.

Gen Andersen was briefing the committee on the provisions of the Defence Amendment Bill, which will make reservist call-ups in times of peace compulsory .

At present, reservists volunteer and then conclude contracts with the defence force. They are only compelled to attend a call-up in times of war or national defence. If they refuse to honour a call-up in peace- time, the SANDF’s only recourse is a civil suit for breach of contract.

If approved in its present form, the bill will make it an offence for a reservist to refuse call-up, punishable by a fine or jail for not more than a year. Exemption boards will be established to consider each case on its merits.

Existing provisions in the Defence Act say “any employer who unfairly discriminates against any of his or her employees on the grounds that the employee wishes to be or is a voluntary member of the reserve force is guilty of an offence and liable to a fine or imprisonment for a period not exceeding one year”. These provisions would remain, Gen Andersen said.

After the meeting, Democratic Alliance defence spokesman David Maynier said : “The reserves are a vital component of the military and we have to do everything possible to boost the reserve force.

“However, we are going to have to be careful that the new proposed contracting system does not become a disincentive to business to hire reserve force members. There are going to have to be mechanisms in place, for example, which safeguard business from being ‘gutted’ in the event that key person nel … are called up for service in the r eserve f orce.”

Who pays the salaries of reservists has not been a priority issue before as many were unemployed. But as the SANDF continues to grow from 28000 to more than 70000 members it could become a problem, especially if reservists have skills needed on foreign deployments and are employed.

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2. South Africa

2.1 'Nationalise steel firm'

Union makes call as ArcelorMittal and Kumba Iron Ore stand-off continues

By I-Net Bridge, The Times, 21 July 2010

The stand-off between ArcelorMittal SA and Kumba Iron Ore took another dramatic turn when the National Union of Metalworkers of SA entered the fray, calling for the nationalisation of the steel producer.

The union also said it welcomed the mediation process aimed at resolving the iron ore price war between the steel producer Kumba and ArcelorMittal.

But the union also reiterated its call for the nationalisation of ArcelorMittal SA.

ArcelorMittal, Kumba and the Department of Trade and Industry are due to meet again tomorrow in a bid to take the mediation process forward.

The steel manufacturer said the iron ore prices Kumba is demanding would mean it has to close down its Saldanha Steel plant, which could result in about 4000 job losses.

Castro Ngobese, spokesman for Numsa, said the union welcomed the mediation process on this impasse, but it remained "deeply worried".

Ngobese said the union reiterated its call for the nationalisation of ArcelorMittal, noting that the "ongoing bickering by ArcelorMittal and Kumba provided government the rationale to take over ArcelorMittal".

"Already, our economy has suffered as a result of the privatisation of Iscor [now ArcelorMittal], by the high cost of steel, which is crippling domestic manufacturing, and by the outflow of profits to the firms' headquarters in Luxembourg and London," he said.

"Along with many in the ANC and Alliance, we believe that the nationalisation of strategic components of our economy will enable our government to deal decisively with the inherent underdevelopment and structural challenges of our economy, and transcend the period of pre-history dominated by capitalism and greed," Ngobese said.

He said the union believed a strategic resource should never be the subject of "a turf war for narrow, self-centered accumulation by these two imperialist-owned entities".

The dispute, he said, was another sign of the failure by "our economy's managers to transform the colonial character of our resource base".

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2.2 Youth rally planned to reinstate Masoga

By CHANDRE PRINCE, The Times, 21 July 2010

Thousands of young people across South Africa are to campaign against the ANC Youth League's expulsion of its Limpopo chairman, Lehlogonolo Masoga.

A day after Masoga's expulsion - on charges of creating divisions in the party and undermining the effectiveness of the organisation - his supporters are mobilising several youth movements in four provinces in a bid to have his expulsion reversed and get him re-instated as chairman.

In what could set the tone for Masoga being nominated as a presidential candidate at next year's youth league elections, members of the Limpopo branches of Sasco, Cosas and the Young Communist League, and dissident youth league members, are to be joined by members of organisations in North West, Mpumalanga and Eastern Cape.

Masoga's expulsion, according to insiders, was orchestrated because he defied his former ally turned fierce enemy, Julius Malema, by leading a walk-out at the league's Makhado conference in April.

Sasco's Limpopo secretary, Mabuse Mpe, said his members were "dumbstruck" by Masoga's expulsion and could not allow such "heavy-handed" action.

"We are planning a massive campaign to display our dissatisfaction with the manner in which things are being conducted.

"This [Masoga's expulsion] is a joke," said Mpe.

Mpe said his counterparts in three other provinces had committed themselves to the campaign.

Echoing Mpe's sentiments, Sammy Makhubele, Cosas's Limpopo secretary, said his organisation's first action would be to present a memorandum to Limpopo premier Cassel Mathale, the custodian of the ANC in the province.

Mathale and youth league president Julius Malema are close allies.

"The [expulsion of Masoga] is harsh and it's more about a political ploy than discipline in the organisation.

"It's simple: Masoga must be re-instated and the Makhado conference must be reconvened," said Makhubele.

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2.3 Use Mbeki on SABC if he hasn't been gagged

Paul Hoffman, The Times, 21 July 2010

- Paul Hoffman SC, director, Institute for Accountability in Southern Africa: ANC spokesman Jackson Mtembu ("ANC meddling at SABC is a lie", Letters, July 20) should know that the proof of the pudding is in the eating, irrespective of who ordered the disputed gagging of ex-president Thabo Mbeki by the SABC.

There is only one credible way in which the SABC and Mtembu can demonstrate that columnist Justice Malala has it all wrong for suggesting that Mbeki is banned from the studios and airwaves of our public broadcaster at the behest of the ANC.

The veracity of the official denials will be established conclusively by inviting Mbeki to participate actively in SABC offerings in the near future. Here are a few suggestions for some riveting viewing on TV as well as the enhancement of the fare usually dished up on radio:

An open line phone-in programme, with Zachie Achmat in the chair, on the subject of the short and long-term consequences of Aids denialism.

A panel discussion with Paul O'Sullivan and Jackie Selebi on the story behind the story of the suspension of Vusi Pikoli (a special guest at the end of the programme perhaps) and the importance of honesty and probity in police management. If time permits, a debate about the Scorpions can feature.

An interview with Crawford Von Abo on the aims and advantages of quiet diplomacy, as implemented in Zimbabwe at a time when Robert Mugabe's storm troopers were dispossessing citizens and trampling human rights.

A debate with Mondli Makhanya on why the Sunday Times was not sued for damages after it claimed, in August 2008, that both our current president and Mbeki were directly involved in arms deal graft to the tune of R30-million.

A magazine programme, featuring all post-1994 national directors of Public Prosecutions, on the need to reform the provision in the constitution that gives sitting presidents the power to appoint them. Deputy President Motlanthe could also be invited to explain why his suggestion that this task be given to the Judicial Service Commission has not been acted on by the Zuma administration.

A special feature on cadre deployment and recall.

A quiz show on the current whereabouts of Nepad.

Mbeki can make an invaluable contribution to the ventilation of all of these topics. As he remains a loyal cadre of the ANC, perhaps Mtembu will facilitate his participation in the suggested line-up of programmes. If not, the hollowness of the official denials will be there for all to see.

Mbeki appeared on SABC TV news on Saturday, wishing former president Nelson Mandela a happy birthday.

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2.4 Democracy under assault

Suppression of internal dissent spells trouble for future

By S'Thembiso Msomi, The Times, 21 July 2010

S'Thembiso Msomi: Recent developments in a number of political parties suggest one thing: our young democracy is under assault.

Factionalism and jockeying for position is normal in political parties anywhere in the world - especially those that operate within democratic principles - but what is happening here points to a deeper problem - one that puts into question the very survival of our democratic dispensation.

Perhaps it ought to surprise no one that the power struggle in the ANC Youth League has degenerated into the purging of those who disagree with its leaders.

The current crop of leaders in this wing of the ruling party has never seemed too keen on democratic processes.

Remember how they came to power at that chaotic national conference in 2008?

The same can justifiably be said of the spectacular self-destruction we continue to witness in the Congress of the People.

Regardless of what its founders said about the necessity of a viable opposition in building a strong democracy, we know that there would not have been a COPE had Mosiuoa Lekota, Mbhazima Shilowa and their fellow travellers not lost a democratic contest at the ANC national conference in Polokwane in 2007.

And then there is the IFP, whose national council, its second-highest decision-making body, resolved on Sunday to once again postpone an elective annual general conference that was scheduled for the coming weekend.

The general conference, which should have taken place in June last year, has been shelved because party bosses are afraid of losing a democratic contest to national chairwoman Zanele Magwaza-Msibi.

Whatever one thinks of party president Mangosuthu Buthelezi and his track record at the helm of Inkatha for the past 35 years, the fact is that the prince considers himself a dyed-in-the-wool democrat.

His supporters often wax lyrical about how he helped to stop post-apartheid South Africa "from sliding into a one-party state like most of Africa".

Some of those supporters must now be wondering why this leader, who has always fashioned himself as a champion of pluralism and freedom of association, would allow the party hierarchy to use every trick in the book to try to circumvent a democratic process.

Two weeks ago, the party's national council initiated an inquiry into Magwaza-Msibi's link with a group that has used guerrilla tactics, inside and outside the IFP, to campaign for her presidency.

Were a link to be found, Magwaza-Msibi would be suspended, or barred from contesting the election next weekend.

But she did not pitch up at the national council meeting last weekend at which the inquiry was to be held. She submitted a medical certificate instead.

This put a spanner in the works of those who wanted her suspended before the elective conference.

So they decided to postpone the conference indefinitely, announcing that it would take place only "subsequent to the normalisation of the atmosphere within the party".

In other words, there will be no elective conference for as long as the Magwaza-Msibi threat continues to exist.

But what is wrong with holding a fair and open contest at which the party rank and file can decide whom they want as their leader?

Magwaza-Msibi is clearly a popular figure in the IFP, but surely her support base cannot be larger than Buthelezi's?

So why all this fear?

The IFP president has kept everybody guessing about whether he'll retire. Current events suggest that he has decided to step down but fears that his choice of successor, the Rev Musa Zondi, would not be able to fend off a Magwaza-Msibi challenge in an election.

If Buthelezi is the true democrat he claims to be, he will allow the two to fight it out, and accept the democratic will of IFP members.

But what does all of this have to do with the state of the country's democracy?

If political parties, both in government and opposition, cannot brook dissent from within, what hope is there that they will do so on a national stage?

The decay and eventual collapse of the Zimbabwean democracy - once regarded as the best in Southern Africa - began with the suppression of alternative voices in the ruling Zanu-PF.

It is in the interests of us all that the democratic space remains open in all of the political parties.

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2.5 Zuma's nephew now charms Chinese

Aurora chairman seals a deal for dealership with state-owned DongFeng

By Wiseman Khuzwayo, Business Report, 21 July 2010

Multimillion rand deals with Asian companies are coming thick and fast to Khulubuse Zuma, President Jacob Zuma's nephew, who yesterday announced the sealing of another contract for a vehicle dealership with DongFeng Automobile Company (DFAC), a Chinese government-owned manufacturer.

Through Mpisi Trading 74, of which he is chairman, Zuma and Dongfeng are to initially set up a dealership in South Africa with plans to establish an assembly plant later.

DFAC is part of the DongFeng Motor Group, which is one of the top three vehicle manufacturers in China. Its portfolio includes the manufacture of army trucks and it is ranked second in the LCV (light commercial vehicle) industry in China.

According to a memorandum of understanding, both Mpisi and DFAC will initially inject R10 million and introduce certain LCVs into the South African market by the end of the year.

The partnership will subsequently introduce other variable models and expand the sales network into other African countries.

Zuma said: "The purpose of the agreement is to make quality vehicles more accessible to the public in general, with strong back-up support in terms of availability of spare parts and after-sales services, while at the same time contributing to job creation and the growth of the South African economy."

South Africans would be sent to China for training.

Yaoping Liu, the deputy general manager of DFAC, said his company would like to make a contribution to the South African economy.

Last week, another of Zuma's companies, Impinda Group, signed a major deal with a South Korean shipping company, Daewoo Shipbuilding and Marine Engineering.

The transaction will see Daewoo buying a 49 percent stake in Impinda. Under the deal, Impinda's transport arm would be grown as a commodity, oil and gas shipper.

The Mail & Guardian reported that Daewoo's chief executive, Nam Sang Tae, met the president (Zuma) in Pretoria shortly before Nam signed the shipping deal.

Yesterday's deal comes on the heels of the president's nephew's backing by the Democratic Republic of Congo in the acquisition of two disputed oil blocks in Lake Albert by Caprikat and Foxwhelp, two firms he reportedly owns.

Zuma is also chairman of the embattled Aurora Empowerment Systems that manages Orkney and Grootvlei mines, which were previously owned by liquidated Pamodzi Gold.

Workers in these mines have been on strike since March for not being paid. Water and electricity have been cut off for non-payment.

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2.6 All you need to know, according to the state

The amended version of the Protection of Information Bill is worse than the original.

Raymond Louw, Business Day, 21 July 2010

TODAY and tomorrow a barrage of opposition will be directed by civil society organisations at meetings in Parliament against an amended version of the Protection of Information Bill.

Their complaints will be heard at public hearings before an adhoccommittee set up to consider the legislation.

The various organisations, which include the South African National Editors Forum (Sanef) and the Freedom of Expression Institute, have described the draft legislation as seriously inhibiting press freedom and the public’s right to know as envisaged in the constitution.

The purpose of the bill is to replace the apartheid-era bill of the same name, which deals with the mechanisms for classifying the country’s official secrets.

The first version came before Parliament last year but was withdrawn after strenuous opposition, with the committee stating at the time that it intended to introduce changes.

The new version of the bill tightens officials’ grip on the release of official information and introduces clamps on media freedom, contrary to the constitutional ethos urging transparency and open governance.

The changes to the bill do not embrace the criticisms, and in fact do the opposite. They have removed some of the softening features in the bill and, worse, extended the power of politicians (such as the m inister of s tate s ecurity) over information and its classification.

Among the softening clauses that have been withdrawn is one which states: “State information is not automatically protected against disclosure” and another which reads: “State information should be made available to the public unless there are good reasons to withhold it”. The original bill required classification officials to place declassification instructions on classified information, but this has now been omitted. Also removed is a requirement that officials classifying information must provide written justification for their decisions. The original bill cautions that classification is “an exceptional measure and should be used sparingly”. “Sparingly’’ has been removed.

All these changes remove the cautionary features which would cause officials engaged in classifying information to think carefully before declaring certain information secret.

The bill now overemphasises the need to classify information. It also now has the potential for classification to be abused, because the means for senior officials to exercise oversight have been removed.

A change that gives the minister greater powers is particularly worrying. It introduces political decision-making to an activity that should be carried out by officials acting on proper and factual criteria.

There is widespread complaint that the bill relates to extremely broad descriptions of material that can be classified. The bill focuses on the “national interest’’, stating that classification relates to information that may cause “significant and demonstrable harm” to the country’s “national interests”. Then follows a definition of national interest that is extremely wide. It includes what is described as the “public good’’ and extends to commercial information, the economy, trade and the commercial operations of state entities, including parastatals.

This has the potential to conceal information that raises legitimate public concern. It means classification can prevent the investigation of corruption in government commercial enterprises or those associated with the government.

These prohibitions could criminalise journalistic activity and render journalists susceptible to prosecution.

Of particular concern is the added power given to the m inister of s tate s ecurity. In addition to “in-doubt’’ decisions now falling under the m inister, a new section has been added to the bill which gives the m inister wide- ranging powers to classify and declassify information.

It imposes conditions relating to the dangers of disclosure and the national interest.

The m inister has to take into consideration all aspects of the national interest, the survival and security of the state and the pursuit of justice, democracy, economic growth, free trade, a stable monetary system and sound international relations together with the consideration of the benefits of secrecy and the aspects of information protection and disclosure. This gives the m inister excessive powers which virtually transcend all other aspects in the bill.

It will not take long before the title of chief protector of information is bestowed on him — and that will quickly be changed to SA’s chief censor.

Another aspect of the b ill which is cause for alarm is listed under national interest.

It states that the details of criminal investigations are included in the items that can be protected from disclosure. This relates to disclosure of information of “an intelligence or law enforcement investigative method”. This could easily open up the possibility of maintaining secrecy over abusive investigative methods.

A major deficiency in the bill is the lack of consideration for information disclosure in the public interest, and, the need for a public interest defence to be considered, which lawyers believe is an essential element that is lacking. The penalties proposed in the bill are punitive, with a maximum of 25 years and minimum of three to 15 years.

The dangers for journalists in particular are very real, but the eventual victim of this bill will be the public because of the restrictions it will place on the disclosure of information.

More pertinently for journalists are the dangers of possessing documentation — sent to them without their knowledge — which is classified. Mere possession carries extreme penalties. These prohibitions effectively restrict journalists and other investigators from exposing corruption and abuses of power that are criminal in nature.

But underlying all aspects of the bill is another dangerous clause which enables the authorities to maintain secrecy about whether a classified document does or does not exist.

An official need not confirm or deny its existence.

- Louw is deputy chairman of the Sanef media freedom committee and editor of a current affairs newsletter, Southern Africa Report.

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