MAYNIER MUST BE REMOVED FROM THE PARLIAMENTARY COMMITTEE

The Office of the Chief Whip has noted Parliament's legal opinion to the Portfolio Committee on Defence and Military Veterans regarding the public disclosure of information concerning the business of the National Conventional Arms Control Committee (NCACC).

The Portfolio Committee sought legal advice following the release of information by the Democratic Alliance MP, David Maynier, relating to the business of the NCACC to the members of the press on 2 August 2009 (see here).

The Office of the Chief Whip expressed grave concern at the legality of the manner the information was obtained. It further appealed to Parliament to establish whether Maynier has contravened the National Conventional Arms Control Act 41 of 2002 by disclosing details of the South African government's arms deals with other countries, thereby putting the country's national security at risk.

According to Section 23(3) of the Act, "no person may disclose any classified document or the content thereof concerning the business of the Committee (NCACC) except with the permission of a competent authority or as required in terms of the Promotion of Access to Information Act, 2000".

Parliament's legal opinion agrees with our interpretation of the Act, that not only was Maynier in possession of illegally obtained classified information, but he also had no authorisation to disclose such information to the public.

The information in Maynier's possession is deemed "classified", as it related to the arms transfer applications that have been lodged and are still being considered by the NCACC. Such information should not be made public as it may prejudice the decision making process of the NCACC. Anyone found guilty of this offence by a court of law can face an imprisonment of up to 20 years, a fine or both.

The legal opinion also noted that while Members of Parliament are protected against civil or criminal proceedings, arrest or imprisonment for anything revealed in the National Assembly or any of its Committees, this is not applicable in Maynier's case as he disclosed the information during a media briefing. This renders him liable to criminal prosecution.

While we accept that he has not bridged any parliamentary rule, we however believe that he has acted in a manner unbecoming of an MP serving in the security cluster.

Maynier's failure to take into consideration the potential danger his action posed to the national security makes him a liability rather than an asset to the Portfolio Committee.

In this regard, the Office of the Chief Whip will recommend to the Speaker of the National Assembly that Maynier be removed from the Portfolio Committee on Defence and Military Veterans with immediate effect.

Statement issued by the Office of the ANC Chief Whip, Parliament of the Republic of SA, September 2 2009

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