Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
MEDIA STATEMENT – POSIB
23 November 2011
The Council for the Advancement of the South African Constitution (CASAC) remains concerned about aspects of the Protection of State Information Bill (POSIB) that was passed by the National Assembly yesterday. In particular our concern focuses on the implications of the POSIB for the right to access to information enshrined in section 32 of the Constitution and regulated by the Promotion of Access to Information Act.
Many ordinary South Africans and a broad range of civil society organisations have demonstrated their vigilance and expressed their reservations about the POSIB. Whilst the National Assembly has so far failed to heed the calls for a revision of the Bill, we hope that the National Council of Provinces will do so.
Should the POSIB be passed in its current form in the National Council of Provinces, we call on President Zuma not to assent to it and instead to exercise his power and responsibilities under section 79 of the Constitution to refer the matter back to the National Assembly for further consideration. Should the reconsideration by the National Assembly fail to cure the defects in the legislation, we would urge the President to refer the POSIB to the Constitutional Court for a decision on its constitutionality.
This is an important piece of legislation that is necessary to protect legitimate state secrets and to protect the sovereign integrity of our nation. It should not contain elements that undermine the constitutional rights of ordinary people.
Lawson Naidoo 073 158 5736
Masutane Modjadji 076 937 0825BACK TO TOP