Why taking videos at SA airports and other “critical locations” could now mean 20 years jailtime
The State Security Agency and the publishing of protected information has been thrust under the spotlight once again in recent weeks, following the launch of Jacques Pauw’s book “The President’s Keepers”.
The Agency instituted criminal proceedings against Pauw after alleging that he had unlawfully publishing classified information in the book.
However, prosecution for publishing protected information must now be considered by everyday South Africans according to civil society group Right2Know, with comment currently being sought on the proposed Critical Infrastructure Bill.
The Bill seeks to replace the current National Key Points Act in an effort to make national points of interest (such as the President’s house in Nkandla), as well as the public funds used to upgrade these buildings and infrastructure more transparent.
While the Bill does plan to introduce a number of positive changes – including a negotiated process as to which areas will be key points as well as a full list of these key points – it also introduces a number of concerning new regulations, said R2K.
Fine or Imprisonment
According to the new proposals, the owners of Critical Infrastructure (including an area such as OR Tambo or Nkandla) are required to clearly signpost the site/building as being a declared CI.
This is because the a new ‘offences and penalties’ section strictly prohibit the sharing of any information about security measures at CI, or the recording of CI for any purpose.
“Any disruption or obstruction to the functioning of a CI is an offence under the Bill and one could be prosecuted up to 20 years for interfering in anyway with CI,” said R2K.
“This could include peaceful, disruptive protest that is specifically designed to target important institutions – for example, a sit-in in Parliament or SABC, etc.”
“Tampering, damaging or destroying CI, which might otherwise result in charges under the common law crime of malicious damage to property, would carry a maximum penalty of 30 years.
“These are new offences – they are not contained in the apartheid-era National Key Points Act,” it said.
Exceptions
According to the rights group, disclosing any information about security measures at CI (e.g. fences at Nkandla, turnstiles at Parliament, metal detectors at the SABC) carries a 20-year penalty, unless protected by the Protected Disclosures Act or any other law.
“While this exception is an improvement on the earlier draft of the Bill and the existing Act, it falls short of providing a full public interest defence, said R2K.
“For example, revelations about security upgrades at Nkandla would not have been protected by the PDA, but were still in the public interest.
“In reality this formulation provides less protection to whistleblowers than in the current version of the Secrecy Bill.”
The Bill also prohibits any filming and photographing of any aspect of CI if such is prohibited in a notice by the owners, or if such is ‘for unlawful purpose’, with a penalty of up to 20 years imprisonment.
“In practical terms, the addition of ‘unlawful purpose’ is no relief – it places power in the hands of a security official on the scene to risk an unlawful act being commissioned when he or she observes someone taking video footage at OR Tambo airport or the Gauteng provincial legislature or any other location,” said R2K.
“Effectively this draws a veil of secrecy around many of these institutions. This is a new offence – it is not contained in the existing Act,” it said.
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