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The Democratic Alliance (DA) believes that the Protection of State Information Bill provides a good classification regime in respect of the conditions and criteria for classification, as well as the review of classification decisions in the form of an independent Classification Review Panel.

We are pleased with what we have achieved in this regard. Most importantly, the right to classify information is now limited to the defence force, police and intelligence services, with a provision for other departments to apply to classify information on the grounds of national security.

Moreover, a declassification regime has been created to deal with the vast amount of information classified without proper criteria over many decades, right up to the present. An independent review panel will ensure that declassification occurs and that continued classification accords with new criteria and conditions for classification.

However, we are concerned that the omission of a public interest defence, particularly in relation to the possession and disclosure of classified information, will have a chilling effect on freedom of expression, including the freedom to receive or impart information or ideas.

This raises a serious question of constitutionality, and we therefore intend to take legal advice with a view to petitioning the President, under section 79 of the Constitution, to send the Bill back to the National Assembly in order to correct its unconstitutional aspects.