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Pretoria - Government officials wishing to classify information under the proposed Protection of Information Bill will have to adhere to strict guidelines and need a clear and justifiable reason to do so.
"Officials who will be classifying information will have to follow specific guidelines," Head of Communication at the Ministry of State Security, Brian Dube, said in a statement on Thursday.
"They will have to apply a two- part test which requires that there must be clear, justifiable and legitimate national security reason(s) to do so and the need to protect the information once classified. This would, in itself, provide reasons as to why certain information must be classified.
"We reiterate that the Bill makes it an offence to incorrectly classify information to cover corruption, maladministration, incompetence or inefficiencies and the public would have to work with government to ensure this is not the case," explained Dube.
Dube said that with the ongoing interaction with key stakeholders in civil society around the intentions and the provisions of this bill, it appeared there was some form of convergence on the matter, barring a few points which remain areas of contestation.
"We are in agreement about the need to ensure that free flow of information remains the oxygen and the lifeblood of our democracy and that any limitations to such a right must be based on legitimate national security grounds that conform to the international best practices," he said.
Further to this, the Ministry had tabled in Parliament to the Adhoc Committee of the National Assembly proposals which include the removal of such concepts as 'national interest' and 'commercial information', as basis for classification.
"These are some of the fundamental changes that will result in a Bill that is markedly different, clearer, leaner and better than the one currently on the table.
"To dismiss such concessions as 'cosmetic' when there was a big outcry on their inclusion in the fist place, is disingenuous and a deliberate attempt to mislead the public on government's willingness to listen to the public when it speaks and to apply its mind to the issues presented," he said.
The application of penalties for unauthorised disclosure applies to those who have been found to have broken the law.
"It's not correct to argue, as some have continued to do, that they will apply to society at large. It is critical to understand that when you legislate, the law becomes applicable generally, meaning you can't legislate for a certain sector of society," added Dube.
He said the Ministry wished to emphasise that the independence of those who would be responsible for appeals on what can or cannot be classified was in line with international principles.
This, however, did not mean they would have to be people outside of government or state for them to be independent - it meant they must not have participated in the process to classify the information in question. In addition, the Bill provides that the courts will be the final arbiter.
It should also be noted, said Dube, that the Bill is designed to allow for accessing classified information in the public interest using Section 46 of the Promotion of Access to Information Act which allows for the public to apply to access such information and make it public, should they so desire, without facing any criminal charges.
