Pretoria – President Jacob Zuma’s decision to refer the Protection of State Information Bill back to the National Assembly for reconsideration was because it did not pass constitutional muster - and was not an electioneering ploy.
This according to Presidency spokesperson Mac Maharaj.
The President on Thursday announced that after considering the bill, he was of the view that the Bill as it stands does not pass constitutional muster.
He said sections 42 and 45 of the bill lack meaning and coherence, consequently are irrational and accordingly are unconstitutional.
Presidency spokesperson Mac Maharaj said the decision taken by the President was serious and based on his belief that there are patent defects in the bill.
“The allegations that he is doing this as an electioneering stunt is unjustified … we are heading for an election period and there is a tendency for parties and individuals to dub everything as if its electioneering.
“The reality is government has to continue functioning whether there is an election or no election. The legislature has to make legislation; the judiciary has to continue to function and the executive has to continue to rule the country. Those duties do not disappear by virtue of the fact that there is a looming election in 2014,” said Maharaj.
The Department of State Security said Zuma’s decision will allow Parliament to give effect to the areas of concern pertaining mainly to typographical errors that affect the meaning and rationality of the Bill.
It said the significance of the errors in respect to section 42 and 45 were material in the implementation of this piece of legislation and as such, it was important to allow the legislature to attend to same. – SAnews.gov.za
