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The
Freedom of Expression Institute and the SA History Archive said
yesterday they were dismayed at the country's intelligence agencies
for not co-operating with the Hefer Commission.
The two organisations said in a joint statement that the
intelligence services had made it clear they were going to make it
as difficult as possible for the commission to access their
records.
They criticised a submission last week in which lawyer George Bizos
argued on behalf of the spymasters that the commission must apply
for documents in terms of three pieces of legislation.
These were the Intelligence Services Act, the Protection of
Information Act (Poia) and the Promotion of Access to Information
Act (Paia).
Bizos further argued that the commission must justify the need for
disclosure.
The FXI and archive called this argument yesterday "seriously
flawed".
It ignored Paia's involuntary disclosure mechanism through which
documents could be made available without stringent legalistic and
bureaucratic procedures.
The agencies' reliance on Poia was problematic because they
themselves had admitted this "archetypal piece of apartheid
legislation" was anachronistic.
"Many legal commentators regard it as unconstitutional," the two
organisations said.
Paia furthermore took precedence over other laws, which restricted
rather than facilitated access to information and records.
Paia specifically determined that no one requesting documents from
public bodies had to indicate why and for what use they wanted
them.
"This provision recognises the constitutional principle of the
right to know, rather than the Bizos submission's articulation of a
need to know," the joint statement read.
Ironically, the FXI recently supported another of the commission's
potential sources who refused to co-operate.
The organisation was one of several media institutions who defended
journalist Ranjeni Munusamy's right to refuse to testify before
Judge Joos Hefer.
The retired former Appeal Court president was appointed by
President Thabo Mbeki to determine whether national director of
public prosecutions Bulelani Ngcuka was an apartheid spy.
From the outset the commission has been battling to obtain
documentary evidence to either prove or disprove spying allegations
against Ngcuka. – Sapa.
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