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SwissCham Southern Africa – South Africa Chapter welcomes the fact that the Protection of State
Information Bill has been withdrawn, albeit temporarily, for ‘further consultation’. SwissCham Southern
Africa represents Swiss business in the region. Switzerland is the fifth most important investment and
trading partner to South Africa and one of the oldest republican states firmly entrenched in democratic
principles. The presence of Swiss enterprises in South Africa dates back over a hundred years.

We are concerned, however, that the envisaged consultations will take place not through the formal
parliamentary committee that was previously processing the bill but via an internal party committee
and, by doing so, such consultations are circumventing the public element indispensable to any
democratic process.

We nevertheless call on that party committee to take heed of the objections that have been raised
against the Bill including the vital objection that no public interest defence to protect journalists and
other whistleblowers was included in the Bill as finalized by the parliamentary committee.

Despite concessions made during the parliamentary deliberation process, far too little has been done
to allay fears of the weakening of journalists’ and whistleblowers’ rights and abilities to expose
corruption and malfeasance even if in so doing they make use of classified information. To deny
anyone the right to defend such exposés as legitimate action in the public interest is to undermine the
values of good citizenship. To imprison anyone for having the courage to speak out in the public
interest is an intolerable affront to democratic values.

To introduce legislation of this kind at a time of mounting allegations of corruption and lack of
accountability inevitably prompts the question of whether there is something that needs to be hidden.

Whistleblowers and a free press are among the most important checks and balances that keep
democracy sound and healthy. It is a matter of concern that South Africa should be embarking on a
path that erodes such checks and balances – especially at a time when other countries on the
continent are starting to rebuild democracy after many years of having undermined it.

South Africa’s business environment has, in recent years, been considered a less attractive
prospect for investment because of perceptions of over-regulation, uncertainties over property
rights, an unbalanced labour law and frequent strikes which often turn violent. This alone puts any
chamber of commerce which is focusing on fostering of bi-lateral business relations and the promotion
of foreign direct investments in a challenging position. Added to these already negative perceptions, a
Bill that allows for the suppression of vital information and the erosion of press freedom will serve only
to lessen the appetite for doing business in the country and for using it as a base to expand into other
parts of the continent.

A letter with the same content was sent to HE Jacob G. Zuma, President of the Republic of South
Africa.