ANC blasts Madonsela

THE ANC in parliament has blasted Public Protector Thuli Madonsela over her comments on the Protection of Information Bill.

Madonsela's office was quoted as saying she would investigate the absence of a crucial public interest defence clause in the bill.

She has since written a letter to National Assembly Speaker Max Sisulu to raise concerns about the reluctance to include a clause that protects those in possession of, or who publish, classified information on the basis that it is in the public's interest to know.

The Secrecy Bill stipulates the type of information that can be classified and criminalises those in possession of such material.

But trade unions, interest groups, opposition parties and the media have decried the lack of a public interest clause and the powers conferred on the minister to determine what can and cannot be classified.

These groups have threatened to challenge the bill in the Constitutional Court if President Jacob Zuma signs it into law without the proposed changes.

ANC caucus spokesman Moloto Mothapo said if reports that Madonsela planned to investigate the bill are correct, this amounted to interference in the work of parliament.

"The action of the Public Protector worryingly implies that parliament is accountable to the office of the Public Protector, when in fact the opposite is true," he said.

"Writing to the Speaker expressing concern on the legislative process or decision is bizarre, as the Speaker cannot be held responsible for or expected to explain legislative decisions of the Assembly.

"The Speaker's function is to facilitate legislative processes, not to justify or clarify the decisions that political parties or members of the Assembly make on legislation."

Contacted for comment yesterday, Madonsela said she had been taken aback by the ANC's reaction. She said she had not proposed an investigation into the bill as reported, but had written to the Speaker to express her point of view about certain aspects of the proposed law.

"I said I would not investigate because it is not my place to investigate, but it's proper to bring these matters to the Speaker as head of parliament. It is within my constitutional mandate to express a point of view. I account to the Speaker, and if he felt at any point that I had overstepped my mandate he would have told me so."

Madonsela has ruffled feathers in the ANC and government circles with some of her findings against top government officials and ministers.

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