Nelson Mandela Foundation

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22 November, 2011 – The Nelson Mandela Centre of Memory, together with the University of the Witwatersrand School of Law, has been engaged in processes of dialogue around the Protection of State Information Bill since its first emergence as a draft piece of legislation in 2008. From the outset we have sought to ensure that the Bill meets standards of constitutionality and aspirations for freedom of information and expression while at the same time providing protection for legitimate state secrets.

The drafting process has taken a long path, with some steps forward and some back. We have convened a number of stakeholder focus groups with the aim of encouraging a dialogue between the Bill’s drafters and its opponents. Much has been achieved, but the Bill is not yet at a point where it can be said to have met the above-mentioned standards and aspirations.

The Protection of State Information Bill will be passed by the National Assembly today.  It will then be referred to the National Council of Provinces for further consideration.  Other constitutional processes lie in its likely future.  With this in mind, the Nelson Mandela Centre of Memory has compiled a position paper setting out its remaining areas of concern with the Bill and proposing revisions.  We will continue to engage with the development of appropriate and balanced legislation in this area of law, one crucial for our constitutional democracy.