Until very recently, south africa did not have data protection specific legislation. Republic of south africa national environment laws amendment bill as amended by the portfolio committee environmental affairs and tourism the english text is the off. A modified version of the protection of state information bill appears on the verge of passing in south africa. South africas new secrecy bill and protection of state information by katie reid on 21 november, 2011 5. Campaigners celebrate after president sends protection of state information bill back to parliament. The south african protection of state information bill, which was previously entitled the protection of information bill and frequently represented as the secrecy bill, is a legal document formulated to regulate the preservation, classification and proclamation of state information. Data protection in south africa is regulated under the broad constitutional right to privacy, the common law and a few pieces of legislation that contained interim provisions relating to data protection. Raymond louw, vice president of sa pen, 300420 after five years of debate, south africas protection of state information bill, or secrecy bill as it was dubbed, the legislation passed through the final stage of the parliamentary process. Now that parliament has passed the secrecy bill official name. Paja gives effect to section 33 of the bill of rights that is, the right to administrative action that is. It then went to the presidents office for signing into law, where months later it remains in limbo. Firstly, a number of magistrates courts both smaller regional and larger district secondly, a single high court with multiple divisions across the country, both regional. These protections ensure that south africa keeps its legitimate secrets safe while at the same time remaining an open, accountable and democratic society marked. Nov 22, 2011 johannesburg south africas parliament vote to pass the controversial protection of state information bill is a blow to freedom of expression and democratic accountability, human rights watch.
Secrecy bill less about media freedom, more about national. This is the promotion of access to information act 2 of 2000 paia, an act specifically provided for in the constitution. The protection of personal information act 4 of 20 popia has been enacted, but only certain provisions are in effect at this time, with remaining provisions expected to take effect in 2020. The regime of racism in south africa was maintained not only by brutalityguns, violence, restrictive laws. Republic of south africa protection of information bill as introduced in the national assembly proposed section 75. Protection of state information bill pen south africa. The state of access to information in south africa commonwealth. A state department consulted in terms of subsection 2 must. The requirement in the case of private bodies that there should be an antecedent right, has been interpreted to go beyond a right which. Constitution means the constitution of the republic of south africa, 1996. South africa has a hybrid or mixed legal system, formed by the interweaving of a number of distinct legal traditions.
Protection of state information bill passed by parliament. Law in south africa dla piper global data protection. The constitution of the republic of south africa 1996 the constitution of the republic of south africa includes a bill of rights. Where can i find the protection of state information bill. E it enacted by the parliament of the republic of south africa, as follows. The constitution, read with this act, provides the npa with the power to institute criminal proceedings on behalf of the state, to carry. Amadhila is a political analyst with the consulting firm political analysis south africa, which published this synopsis on dec. Section 179 of the constitution of the republic of south africa, 1996 hereinafter referred to as the constitution, read with sections 2 and 4 of the national prosecuting authority act, 1998 act no. Information sheet on the national employer association of south africa neasa by laboursmart basic organisation information and contact details. To improve the effective protection of ip of south african origin in south africa and its trading partners through reciprocal arrangements for the benefit of national economic growth. In a surprise move, zuma refused to sign the protection of state information bill because it did not pass constitutional muster and knocked it back to parliament for revision. The constitution of the republic of south africa act, no. What is still wrong with the protection of state information. The anc drove final amendments to the protection of state information bill through the national council of provinces on thursday 29 november 2012.
The bill of rights encompasses socioeconomic rights, as well as rights to dignity, equality and freedom amongst others. The areas within which a municipality may make bylaws are listed in schedule 4 part b, and schedule 5 part b, of the constitution. The protection of personal information bill with the promulgation of the protection of personal information law imminent and the need for organisations to undergo privacy compliance journeys, it is important that organisations understand the basic principles of protecting personal information according to the forthcoming law. Following the format of our monitoring post on the secrecy. Protection of information bill south africa b28 2008. The protection of state information bill is a draft law in south africa that deals with the classification and protection of state information. The national assembly has adopted the revised protection of state information bill and will send it back to president jacob zuma for assent. The bill entrusts the power of classification, and the avenue of appeals against. Category representative organisations sub category employers organisations document type forms filename national employer association of south africa eo. To improve national compliance with international treaties of which south africa is a member. Coast, kenya, madagascar, mali, niger, and south africa or are still discussing drafts of such laws in various fora according to the legislative traditions of respective countries. Government explains the protection of state information bill gcis.
The protection of personal information bill risk advisory. The protection of personal information act 4 of 20 aims. As previously reported by saha, the national council of provinces is currently undertaking a process of public consultation on the protection of state information bill, commonly referred to as the secrecy bill as part of the consultation process, saha made a written submission to. With the increase in electronic commerce globally, large industries managing computerised databases of. You can also read governments statements on the bill. It is imperative to mention that this development is largely due to the inertia of the euro.
The constitution of the republic of south africa act no. International data privacy law article privacy and data. The protection of information bill has two legitimate objectives. Ms carin booyse, deputy chief state law advisor, office of the chief state law advisor, noted the changes on page 3 of the working document 25 on the protection of state information bill the bill. South african statutes and other legislation wikipedia. The right to know and the implementation of freedom of. B e it enacted by the parliament of the republic of south africa, as follows. Law in south africa dla piper global data protection laws. The protection of state information bill may be a necessary replacement for apartheidera legislation, but in its current form would obstruct the access to information citizens need to ensure transparent and accountable governance. The protection of personal information act called the popi act or popia brings an end to the uncertainty regarding the law on the use and processing of personal information. The protection of state information bill pdf is available under the documents section of the website. Protection of personal information act 4 of 20 south. The definitions on page 8 or categorisation of state information had the references to designated removed, and on page 10 the definition of. The protection of information bill is a new piece of legislation currently being deliberated by parliament.
Assessing news coverage of the south african legislative laws. Submission to the ncop on the secrecy bill as previously reported by saha, the national council of provinces is currently undertaking a process of public consultation on the protection of state information bill, commonly referred to as the secrecy bill. Dec 06, 2012 amadhila is a political analyst with the consulting firm political analysis south africa, which published this synopsis on dec. Oct 20, 2014 data protection in south africa is regulated under the broad constitutional right to privacy, the common law and a few pieces of legislation that contained interim provisions relating to data protection. Apr 29, 20 despite positive changes to the protection of state information bill, a culture of secrecy in the south african public service still poses a threat. National statement for main committee ii safeguards, nonproliferation and nuclear weapon free zones chairperson, my. The national assembly may take up the bill april 25 following the april 22 approval by an ad hoc committee.
Secrecy bill less about media freedom, more about national security state. Popia is essentially the south african data protection bill or data protection act. Protection of a legitimate national security interest any restriction on expression or information that a government seeks to justify on grounds of national security must have the genuine purpose and demonstrable effect of. Amended state secrecy bill nears passage in south africa. The submission has been compiled with the assistance of ken otieno, a phd student in the faculty of law at rhodes university. Highway africa written submissions on the protection of. Not enough south africans understand that the protection of state information bill also popularly known as the secrecy bill now being considered by the national council of provinces ncop is not primarily aimed at muzzling the media. Government includes the south african transport services. In some cases, it is not clear what considerations. Already there are many voices of opposition to this bill, specifically from the south africa media as a bill of this nature effectively gives the ruling party the power to deem anything they like unfit for public consumption. Culture of secrecy still a threat to state transparency. In spite of the fact that the protection of state information bill has undergone many.
Protection of state information bill pmg south africa. The south african protection of state information bill, formerly named the protection of information bill and commonly referred to as the secrecy bill, is a highly. National employer association of south africa neasa pdf. National statement for main committee ii safeguards, nonproliferation and nuclear weapon free zones chairperson, my delegation associates itself with the statement delivered on. South african public library and information services bill as introduced in the national assembly proposed section 76. South africa s municipalities may, in terms of the constitution of the republic of south africa, 1996, make bylaws for the effective administration of the matters it has a right to administer. It aims to replace the existing 1982 apartheidera law, which imposes excessive secrecy, and to establish a statutory framework to protect state information from loss, alteration or destruction, as well as from disclosure to the public in certain circumstances. Protection of state information bill and sent it to president jacob zuma for conversion, by sweet executive alchemy, into law, south africa s civil society is fighting back the charge being led, appropriately, by the right2know campaign. The south african protection of state information bill, formerly named the protection of information bill and commonly referred to as the secrecy bill, is a highly controversial piece of proposed legislation which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against transparency and freedom of expression. The constitution, read with this act, provides the npa with the power to institute criminal proceedings on behalf of the state, to carry out any necessary functions incidental to.
Promotion of administrative justice act 3 of 2000 paja. While not fully in effect, popia is generally regarded as being a codification of the current common law position in south africa. Introduction the following is a submission to the national council of provinces ad hoc committee on the protection of state information bill b6b 2010 from the chair. Republic of south africa national environmental management laws amendment bill as introduced in the national assembly proposed section 76. Protection of state information bill pen south africa page 2. But it is important to rember that it is not yet in effect we are waiting for the. Despite positive changes to the protection of state information bill, a culture of secrecy in the south african public service still poses a threat.
Protection of state information bill south african government. In south africa, a campaign grew out of a coalition of ngos as part of a wider movement for constitutional change after apartheid. With the passing of the law, the coalition generated a distinct ngo that took up the range of implementation talks. Oct 10, 20 south africa has a comprehensive law setting out the procedures for relying on the right of access to information and the reasons why a request for information may be refused. The thesis aims to understand the dominant messages being conveyed within the news texts and reader comments, specifically whose voice was represented. Until very recently, south africa did not have data protectionspecific legislation. Chapter 8 protection of data privacy in south african. The state has a duty to respect, protect, promote and fulfil the rights in the bill of rights. Exploring the role of civil society in the formulation and. Free south african protection of state information bill essay. Johannesburg south africas parliament vote to pass the controversial protection of state information bill is a blow to freedom of expression and democratic accountability, human rights watch. South africas new secrecy bill and protection of state information. Read more mps adopt revised report of secrecy bill.
The south african protection of state information bill, formerly named the protection of information bill and commonly referred to as the secrecy bill, is a highly controversial piece of proposed legislation which aims to regulate the classification, protection and dissemination of state information, weighing state interests up against. Protection of state information bill posi michalsons. The protection of state information bills posib long passage through parliament saw it emerge finally in april 20. Protection of information bill environment news south africa. However, given the importance of south africa as a leader in democratic media law on the continent, the protection of state information bill will be a critical. However, several challenges have effectively hindered the implementation of these laws. The south african court system is organized in a clear hierarchically by chapter 8 of the constitution of the republic of south africa, specifically s166, and consists of from lowest to highest legal authority. Republic of south africa cybercrimes and cybersecurity bill as introduced in the national assembly proposed section 75. As presented by ad hoc committee on protection of information bill national. Raymond louw, vice president of sa pen, 300420 after five years of debate, south africa s protection of state information bill, or secrecy bill as it was dubbed, the legislation passed through the final stage of the parliamentary process. Sep 12, 20 south africa secrecy law surprise as zuma rejects controversial bill.
Amendment of section 1 of act 107 of 1998, as amended by section 1 of act 56 of 2002, section 1 of act 46 of 2003, section 1 of act 8 of 2004, section 1 of act 62 of 2008 and section 4 of act 14 of 2009 1. Republic of south africa protection of personal information bill as presented by the portfolio committee on justice and constitutional development national assembly, after consideration of the protection of personal information bill b 92009 the english text is the off. Nigerias freedom of information act foia of 2011 and south africas promotion of access to information act of 2000 paia were enacted to give nigerians and south africans respectively, greater opportunity to exercise their right to information. This is not surprising, given the bills many flaws and its vulnerability to a constitutionality challenge. Protection of state information bill and sent it to president jacob zuma for conversion, by sweet executive alchemy, into law, south africas civil society is fighting back the charge being led, appropriately, by the right2know campaign. Protection of state information bill archives the mail.