Deputy Speaker, the recent attempts by the Minister of State Security to muzzle inputs on and block amendments to the Protection of State Information Bill cannot be ignored by the National Assembly. [Interjections.] The disruption of the committee in the NCOP is what happens when arrogance and utter disdain for the institution of Parliament become entrenched in a governing party that is at war with itself.
The Constitution provides for a distinct separation of powers between the three arms of state - the executive, the legislature and the judiciary. Several rulings by the Constitutional Court have reaffirmed the doctrine of the separation of powers, as enshrined in our Constitution.
However, when the NCOP Ad Hoc Committee dealing with the Protection of State Information Bill met to process amendments presented by all parties - amendments largely influenced by the multitude of representations made by civil society groups and supported by the majority of the MPs in the NCOP committee, including the ANC MPs - Minister Cwele, through his department, rejected the proposed amendments to provide greater protection to whistle blowers; to remove all minimum prison sentences from the Bill; and to narrow the definition of national security.
All MPs sign an oath of office to respect and uphold the Constitution. Section 44(4) compels MPs as follows:
When exercising its legislative authority, Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution.
The message from Cope to Minister Cwele and his departmental officials is to back off and allow the NCOP and the National Assembly to amend the secrecy Bill without any further interference by the executive arm of the state. [Interjections.] [Applause.]