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SA: Statement by NCOP Ad Hoc Committee on the Protection of State Information Bill, continues with deliberations on proposed amendments (07/09/2012)

7th September 2012

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The National Council of Provinces’ Ad Hoc Committee on the Protection of State Information Bill this week began deliberations on the amendments proposed by various political parties which make up the Committee.

The Committee is currently engaging on the proposed amendments. The Committee is scheduled to continue its deliberations on Tuesday next week.

The Committee also received a report on two opinions that were requested from the State Law Advisor’s Office. The first opinion was related to clause 3(2) of the proposed legislation. This clause deals with double delegation in the application of the Act.

Clause 3(2) of the Bill currently states that, “the classification, reclassification and declassification provisions of this Act— (a) apply to the security services of the Republic and the oversight bodies referred to in Chapter 11 of the Constitution; and (b) may be made applicable by the Minister, on good cause shown, by publication in the Gazette, to any organ of state or part thereof that applies in the prescribed manner, to have those provisions apply to it.”

The Committee further received a second opinion on clause 15 of the Bill which relates to the location of the South African Police Service and returning of classified documents. The report from the State Law Advisor’s Office has been accepted by the Committee.
 

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