Public Protector Thuli Madonsela. Photo: Thobile Mathonsi Public Protector Thuli Madonsela. Photo: Thobile Mathonsi
Public Protector Thuli Madonsela says the work of her office would be severely affected if the Protection of State Information Bill was allowed to be passed in its present form.
“Why does this democracy trust a police station above the Chapter 9 institutions?” Madonsela asked the parliamentary committee dealing with the bill yesterday.
She was referring to a provision in the bill that anyone coming into unauthorised possession of classified information must immediately hand it over at their nearest police station.
The Office of the Public Protector and the SA Human Rights Commission are among those institutions formed in terms of Chapter 9 of the constitution to protect and promote democracy.
Madonsela said that although the bill was necessary, it had to be aligned with the constitution.
In its present form, it would restrict the flow of information needed to ensure good governance and would also narrow the powers of her office.
The requirement that classified information received would have to be taken to a police station would derail its operations, Madonsela said.
“When we receive information, my staff of 300 people must now go and report it to the police.
“But… how soon should you report information once you have it, since possession is a crime?”
Madonsela said the Public Protector’s mandate was to investigate and report on any conduct in state affairs suspected of being or alleged to be improper – and to take appropriate remedial action. Her office can subpoena anyone to provide information.
Madonsela was asked by ANC MP Grace Boroto why she felt she should be exempt from the clause in the constitution that limits entrenched rights, where this is justifiable.
“The very fact that you ask that question makes me really scared,” Madonsela said, explaining that the constitution sets Chapter 9 institutions apart from ordinary citizens.
The hearings are set to continue on Thursday.
Political Bureau