Protection of Information

The Protection of Information Act 1982 is another piece of legislation that dates from the era when Government perceived a threat to the safety and security of the Republic from both outside its borders and from within. There was a clampdown on much, which today would be considered basic freedoms and human rights: to engage in open discussion and debate, to challenge political ideologies and politicians, to test state administrative decisions and legislation in the Courts and then to do so free of likely bias, and so on.

The Act is still in force today, and certainly has not been forgotten about – it has been amended many times since 1994. It has a lot in common with the National Key Points Act 1980.

A. Prohibited places

A prohibited place is: (a) any work of defence belonging to, used by or occupied by or on behalf of the Government; (b) any place where armaments (anything that could be used in war or the defence of the country) or models or documents relating thereto are being kept, built, repaired, or made; (c) any place declared by the State President to be a ‘prohibited place’.

1. If doing so has a purpose prejudicial to the safety or interests of the Republic, it is an offence to approach, inspect, pass over, enter, or be in the neighbourhood of a prohibited place.¹

2. If you have in your possession any document, model, article, or information relating in any way to a prohibited place or anything in a prohibited place, it is a criminal offence to:
   • communicate or give it to someone not authorised to receive it;
   • use it in any way prejudicial to the safety or interest of the Republic;
   • retain possession of it without any right to do so;
   • fail to comply with any directions regarding its disposal or return;
   • fail to take proper care of it; or
   • conduct yourself in such a way as to endanger its safety.²

3. It is an offence to obstruct, interfere with or mislead any guard, sentry, patrol, or other person on duty in relation to a prohibited place.³

4. If you obtain or receive any model, document, article or information used, kept, made or obtained in a prohibited place in order to disclose it to any foreign state (or to anyone or thing in a foreign state) or agent, or any hostile organization, you commit a crime.⁴

5. If you prepare, compile, make, obtain, or receive any document, model, article or information relating to a prohibited place, or anything in a prohibited place, in order to disclose it to any foreign state (or to anyone or thing in a foreign state) or agent, or any hostile organization, you commit a crime.⁵

6. For the purpose of gaining or assisting someone to gain access to a prohibited place the following are offences:
   • use or wear any uniform or anything similar to an official uniform;
   • pretend falsely to be someone entitled to use or wear such a uniform;
   • make any false statement;
   • omit any relevant fact from any statement or document;
   • forge, alter or tamper with any official document;
   • have such a document in your possession;
   • use such a document;
   • impersonate or falsely pretend to be a Government official;
   • be a person (or not be a person) to whom an official document, secret code or password has been issued;
   • have in your possession or use (without authorization) any stamp, die, or seal of the Republic or one which closely resembles such a stamp, seal or die.⁶

B. Disclosure of information

1. If you obtain or receive any secret code or password in order to disclose it to any foreign state (or to anyone or thing in a foreign state) or agent, or any hostile organization, you commit a crime.⁷

2. It is a criminal offence to prepare, compile, make, obtain, or receive any document, model, article or information relating to armaments, or to the defence of the Republic, or to any military matter, any security matter, or the prevention or combatting of terrorism in order to disclose it to any foreign state (or to anyone or thing in a foreign state) or agent, or any hostile organization.⁸

3. It is also a crime to prepare, compile, make, obtain, or receive any document, model, article or information relating to any matter at all which could be useful to a foreign state or hostile organization, in order so to disclose it.⁹

4. If you have in your possession any secret official code or password, it is a criminal offence to:
   • communicate or give it to someone not authorised to receive it;
   • use it in any way prejudicial to the safety or interest of the Republic;
   • retain possession of it without any right to do so;
   • fail to comply with any directions regarding its disposal or return;
   • fail to take proper care of it; or
   • conduct yourself in such a way as to endanger its safety.¹⁰
5. If you have in your possession any document, model, article, or information which:
   • relates to armaments, the defence of the Republic, a military matter, a security matter, or the prevention and combatting of terrorism; or
   • has been made, received or obtained in contravention of the Act; or
   • has been entrusted to you in confidence by any person holding Government office; or
   • you gained access to as a result of office or employment or a contract with or on behalf of Government, and you should know its secrecy to be required by the interest of the Republic; or
   • you have obtained in any way and which you should know is contrary to the Act,

   you commit an offence if you:

   • communicate or give it to someone not authorised to receive it;
   • use it in any way prejudicial to the safety or interest of the Republic;
   • retain possession of it without any right to do so;
   • fail to comply with any directions regarding its disposal or return;
   • fail to take proper care of it; or
   • conduct yourself in such a way as to endanger its safety.¹¹
6. If you receive any secret official code or password or any document, thing, model or information knowing that the disclosure was contrary to the Act, you commit an offence unless you can prove the disclosure to you was against your wishes.¹²

C. Prejudicing the security of the Republic

1. For any purpose prejudicial to the safety or interests of the Republic, the following are offences:
   • use or wear any uniform or anything similar to an official uniform;
   • pretend falsely to be someone entitled to use or wear such a uniform;
   • make any false statement;
   • omit any relevant fact from any statement or document;
   • forge, alter or tamper with any official document;
   • have such a document in your possession;
   • use such a document;
   • impersonate or falsely pretend to be a Government official;
   • be a person (or not be a person) to whom an official document, secret code or password has been issued;
   • have in your possession or use (without authorization) any stamp, die, or seal of the Republic or one which closely resembles such a stamp, seal or die.¹³

D. Harbouring and concealing persons

1. If you harbour or conceal any person whom you have reason to believe has committed or is about to commit an offence under the Act, you commit a crime.¹⁴

2. If you permit any such person to meet on any premises under your control or which you occupy, you commit a crime.¹⁵

3. If you have harboured, concealed, or permitted a meeting by such people, you commit an offence if you fail to give such information to the Police;¹⁶

4. If you know that any agent¹⁷ (or any person who has been in communication with an agent) is in the Republic, you have a duty to report all information in your possession about it to a member of SAPS, and you commit a criminal offence if you fail to do so.