Emergency Resolution adopted by the EPP Congress, Marseille, 7th – 8th December 2011

South Africa “Protection of State Information Bill”

The European People’s Party (EPP),

Whereas,

a) the ANC party, on 22nd November, 2011, used its majority in the South African national
assembly to approve the controversial "Protection of State Information Bill", which increases
the government's right to classify documents without regard being paid to public interest; the
ANC thereby, immediately before its 100 year anniversary, thereby defying some of the very
principles that the movement itself was originally built upon;

b) the bill in its current form contains no definition of what kind of information is to be classified
as state secrets, creating the possibility for wide interpretations that may be used to withhold
information about corruption, breaches against human rights, or other illegal activity of the
state and government or its representatives;

c) the bill recommends prison sentences of up to 25 years for South African citizens found in
possession of classified Government documents;

d) the new law, if it comes into effect, will infringe on some of the fundamental and hard-won
freedoms that now enables South African media and civil society to act as watchdogs over
government operations and to function independently of state or government interests;

e) the content of the bill risks limiting civil and political rights in general and is hence potentially
harmful to the very core of South Africa's democracy;

f) the bill can be interpreted as contradictory not only to domestic laws but also to the
International Covenant on Civil and Political Rights, to which South Africa is signatory;

g) South Africa, given its unique position among Sub-Saharan countries, sets a negative example
for other nations in the region by passing the bill.

While taking the above into consideration and acting through its member parties and member
associations as well as their democracy foundations in support of civil and political rights and their
defenders in South Africa, the European People’s Party (EPP),

1. reaffirms that freedom of information and independent media are fundamental and non-
negotiable elements of any functioning democracy;

2. expresses its concern about the recent development in South Africa, which shows signs of the
government's deteriorating respect for values of freedom and transparency;

3. encourages the South African government, as a trusted partner to Europe in the strive for
democracy and human rights in the world, to refrain from any infringement on the civil and
political rights of its own citizens.
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