Zama Khumalo argues that without the freedom of expression and access to information being threatened by the Secrecy Bill, Freedom Day would leave us with little to celebrate.
Zama Khumalo argues that without the freedom of expression and access to information being threatened by the Secrecy Bill, Freedom Day would leave us with little to celebrate.
The government is in a process of passing a law that will limit access to government information. The Protection of State Information Bill, often referred to as the Secrecy Bill, has been through a series of public hearings, debates and redraftings and has been before Parliament.
If passed, the bill, which is now before the National Council of Provinces, will allow state organs to throw a blanket of secrecy over most of their documents. Whistleblowers and journalists who contravene the proposed law in its current form may face up to 25 years in jail.
Many South Africans have picketed, protested and held meetings rejecting the bill that, if enacted, could hinder the freedom striven for over decades.
“It goes against everything that South Africans fought for to realise our present democratic stance,” said media activist and assistant coordinator of Highway’s Africa Future Journalists programme (FJP), Nqobile Sibisi.
Freedom Day is celebrated on 27 April to highlight the country’s first non-racial democratic elections in 1994.
“Irrespective of the justification from government, the Secrecy Bill infringes the notion of freedom,” said Sibisi. “We wouldn’t be celebrating Freedom Day [on]Friday if it were not for a brave, vocal, fearless press, so our authorities need to think about that.”
Freedom means having the freedom to access and disseminate information, but also the right to freedom of expression. But what would celebrating Freedom Day mean if there were a Bill that strips fundamental rights enshrined in our constitution, asks Rhodes University Prof Jane Duncan.
“The Secrecy Bill in its current form negatively affects freedom of expression and access to information and makes it extremely difficult for journalists to report on security matters effectively,” said Duncan, who is Chair of Media and Information Society at the university.
The bill will make academic research of the security cluster difficult, as access to certain documents will be prohibited, Duncan said. Journalists and academics won’t be able to use the public interest argument and could face jail time that the authorities will argue to be in the national interest.
“Why should media be censored or jailed for informing the citizenry of issues they have the right to know of?” Sibisi asked.
Higher Education South Africa also said recently that while everyone is focusing on media freedom, very little attention has been paid to the law’s potential to undermine academic freedom.
“In its current form, there are no upsides for academic research of this bill,” said media activist and freelance journalist, Michelle Solomon. “In fact, the bill puts academic freedom at risk.”
Many fear the bill has the potential to turn South Africa into a security state again. Recently Cosatu general secretary Zwelinzima Vavi told the Mail Guardian newspaper that the Bill would devastate South Africa’s democratic values. It “inadvertently draws us closer to a threat of entrenching a security state,” said Vavi. “Please don’t pass a law you will regret in future.”
Duncan added: "It is entirely inappropriate for the government to be passing a bill that could potentially take us back to apartheid ideals.”
Duncan urged South Africans to continue pressurising the government.
“We have the right to protest, and we should use those freedoms to stop other important freedoms from being abused.”
South Africa celebrates the 21st anniversary of World Press Freedom Day on Thursday. The day aims to bring awareness that freedom of the press and freedom of expression are fundamental human rights and pays tribute to the media professionals who risked or lost their lives on duty.
With the Secrecy Bill, it’s clear South Africans have more to think about on Freedom Day, as well.
