CHANGES introduced by the National Council of Provinces to the Protection of State Information Bill were adopted by the National Assembly despite warnings by opposition parties that the bill may still be unconstitutional.
A heated debate preceded the vote that adopted the amendments, with ANC MP Luwellyn Landers accusing some MPs of working for foreign intelligence agencies.
He did not name them.
Landers caused a furore when he pointed to a clause in the bill which stipulates the registration of all individuals working for intelligence agencies.
“There are people who freely walk even through the halls and corridors of this honourable house who will now have to declare their status as intelligence agents,” said Landers.
The bill was initially passed by the National Assembly despite protestations by opposition parties, media houses and civil society groups that it was flawed and would not pass constitutional muster. It was subsequently reworked by the NCOP after weeks of deliberations before being sent back to the National Assembly for final assent.
DA parliamentary leader Lindiwe Mazibuko warned, however, that despite the changes introduced by the NCOP, there were still some provisions that rendered the bill unconstitutional.
“The fact remains that the bill is still flawed because Parliament does not have the power to legislate on matters which are exclusive provincial competencies.
“In our view, the bill does not pass constitutional muster,” she said.
Mazibuko urged President Jacob Zuma – who has to sign it into law – to send the bill back to the National Assembly.
If he doesn’t, the DA and other opposition parties would consider approaching the Constitutional Court to have it declared invalid.
But Landers was adamant that the bill had been amended enough to satisfy legality in terms of the Constitution and dared opposition parties to approach the Constitutional Court to challenge it.
Secrecy bill another step closer
A heated debate preceded the vote that adopted the amendments, with ANC MP Luwellyn Landers accusing some MPs of working for foreign intelligence agencies.
He did not name them.
Landers caused a furore when he pointed to a clause in the bill which stipulates the registration of all individuals working for intelligence agencies.
“There are people who freely walk even through the halls and corridors of this honourable house who will now have to declare their status as intelligence agents,” said Landers.
The bill was initially passed by the National Assembly despite protestations by opposition parties, media houses and civil society groups that it was flawed and would not pass constitutional muster. It was subsequently reworked by the NCOP after weeks of deliberations before being sent back to the National Assembly for final assent.
DA parliamentary leader Lindiwe Mazibuko warned, however, that despite the changes introduced by the NCOP, there were still some provisions that rendered the bill unconstitutional.
“The fact remains that the bill is still flawed because Parliament does not have the power to legislate on matters which are exclusive provincial competencies.
“In our view, the bill does not pass constitutional muster,” she said.
Mazibuko urged President Jacob Zuma – who has to sign it into law – to send the bill back to the National Assembly.
If he doesn’t, the DA and other opposition parties would consider approaching the Constitutional Court to have it declared invalid.
But Landers was adamant that the bill had been amended enough to satisfy legality in terms of the Constitution and dared opposition parties to approach the Constitutional Court to challenge it.
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