Secrecy Bill will remain unconstitutional
I will write to President Jacob Zuma requesting that he provide clarity on his letter referring the Protection of State Information Bill back to Parliament.
Yesterday, President Zuma announced his decision to refer the bill back to the National Assembly because he deemed certain sections of the bill to be ‘lacking in meaning and coherence, consequently irrational and accordingly unconstitutional'.
In his letter to the Speaker, Max Sisulu, he specified that sections 42 and 45 of the bill needed to be amended in order for the it to pass constitutional muster.
According to Joint Rule 203, Parliament may only consider sections of the bill which have been referred back to the National Assembly by the President. However it is unclear from President Zuma's letter whether or not amendments to be considered on bill will only be limited to sections 42 and 45.
The DA's Dene Smuts MP, who was also a member of the Ad Hoc Committee on the Protection of State Information Bill was the one who initially raised these technical anomalies with sections 42 and 45.