South Africa: A costly Bill for the ANC
The ANC must have had a headache when they saw the bill in the morning. The near unanimous passing of the Protection of Information Bill by South Africa’s ANC was always going to cost them, but local protests over the censorship plans has been bolstered by worldwide denunciation of what media and commentators are calling ‘apartheid-era legislation’. Ironically, in an age where information is more easily shared than ever and many are calling for radical openness and for information to be made free, South Africa’s ruling party may have provided a litmus test for the ease with which the powerful are determined to restrict information.
The move by the ANC is essentially pre-emptive, and puts them on a par with some of the more anti-democratic nations which routinely restrict the press. To the credit of the media in South Africa, and in fact of opposition parties, they have not only continually expressed their opposition to the bill and its forerunner which planned for a stifling Media Tribunal, but they have been continually and fearlessly uncovering corruption in the government, from underhanded tenders for work to corruption over arms deals at the highest levels.
South Africans stood up for themselves and were not cowed by the passing of the undemocratic bill, however. The ‘Black Tuesday’ protests, organised by media and civil society organisations and echoing 1977′s Black Wednesday when the Apartheid government banned a number of media organisations, struck a chord, with South Africans at home and abroad wearing black and even blacking out their online profile pictures. Desmond Tutu and even Nelson Mandela, in a rare criticism of ANC policy, publicly denounced the bill. Bravely, investigative journalists have also done the right thing by vowing to fight on and keep telling people the truth. As has been pointed out by veteran journalists, it is possible that the ANC is trying to intimidate people who may know certain things they don’t want to become public. With increasing information sharing, and contact between journalists and sources, it is possible that somewhere somebody knows something the party wants kept secret. Of course, while journalists and editors will continue to work for freedom, the bill is aimed at – and will doubtless deter – those sources who would be able to provide the information. Their actions in sharing information nebulously classified by politicians as being hidden due to ‘public interest’ will be criminalised.
The perhaps not too well-kept secret that is now out of the bag, however, is that the ANC could justifiably be charged with harbouring undemocratic tendencies. Already suffering something of a turbulent patch in their international reputation, their spokesperson Jackson Mthembu is going to be working overtime for the next while to try and come up with a convincing message for a sceptical audience. Not only has the party been in the headlines abroad – as well as at home – for corrupt arms deals, crooked politicians and security officials, and Julius Malema’s various turns at racism and buffoonery, but tough questions have been asked about the party over its stance on Libya and relationship with Muammar al-Gaddafi, its perceived deference to China over the Dalai Lama’s visa, and now most recently its abstention from voting at the UN Security Council over the crackdown in Syria.
There is no denying that these are all serious and complicated issues, and taking a particular side on any of them is not an open and shut matter. There are also clearly pressing geopolitical realities following a series of international conflicts, and a fairly dangerous and unstable world economic situation – and equally dangerously an increasing ‘with us or against us’ mentality in Europe, the U.S., the Middle East and elsewhere. The tightening up of security given these realities is perhaps understandable for the ANC, but the curtailing of democratic freedoms is not going to help their reputation at all – proof of which can be seen in the aforementioned international media coverage of their ‘Secrecy Bill’.
Thus, the ANC has played their hand. While it is foreseeable that in the short-term, sources may be discouraged from sharing information which government figures deem classified, it is likely that the ANC has done more damage to its reputation with its own actions anyway. They have also provided an object lesson and a warning to other governments with democratic aspirations, which is that in today’s age, it’s not easy to control and contain information – but if you don’t learn to manage it properly, it could end up controlling you.



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