Report of the Ad Hoc Committee on Protection of Information Bill on the Protection of Information Bill [B6 – 2010] (National Assembly – sec 75), dated 5 September 2011:

The Ad Hoc Committee on Protection of Information Bill, having considered the subject of the Protection of Information Bill [B6 – 2010] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, presents the Protection of State Information Bill [B6B – 2010].

The Committee further reports that the memorandum to the Protection of Information Bill [B6-2010] stated that there were no financial implications. However, upon deliberations, redrafting of the Bill and in light of the establishment of the Classification Review Panel there will be financial implications. The financial implications do not place an undue burden on the State.

A number of amendments were proposed but were rejected while finalizing the Bill. These amendments relate to the following clauses:

· Clause 1(4) – the proposal was to delete it

· Clause 2(j) - the proposal was to reinsert the original clause 2(j)

· Clause 4 - the proposal was to delete the whole clause

· Clause 15 - the proposal was to delete the whole clause alternatively, insert a public interest defence (three separate proposals which were rejected)

· Clause 18 - the proposal was to insert an additional (c) to provide for automatic declassification in the event of a failure to review

· Clause 38 - the proposal was to substitute the words “activity or prejudice” with “activity and prejudice”.

· Clause 43 – the proposal was to insert a provision for a public interest defence (there were three separate proposals which were all rejected)

· Clause 44 – the proposal was to insert a provision for a public interest defence (there were three separate proposals which were rejected)

· There was a proposal to add a public domain defence to the Bill. This proposal was also rejected.

The Democratic Alliance, Inkatha Freedom Party and the African Christian Democratic Party voted against the Bill.