Protection of Crucial Infrastructure Draft Bill [PMB2-2014]

Call for comments opened 05 March 2014 Share this page:

Rules of the National Assembly

In accordance with Rule 241(1) of the Rules of the National Assembly, notice is given that:

Lindiwe Desire Mazibuko MP intends introducing a private member's bill shortly in order to make provision for the establishment, composition, function and duties, meetings, financing and reporting of the Crucial Infrastructure Board; the suspension and removal of members of the board; the determination and declaration of crucial infrastructure and ensuring that security measures are implemented at crucial infrastructure; the creation of a register containing the areas declared as crucial infrastructure; setting out the rights and duties of owners of crucial infrastructure; the limitation of the liability of the state; parliamentary oversight of the board; the creation of offences and penalties; transitional provision; and, the repeal of the National Key Points Act, No 102 of 1980, and related legislation.

The Bill and Memorandum are available here: draft Protection of Crucial Infrastructure Bill

The Bill seeks to:
▪ provide for the establishment, composition, functions and duties, meetings, financing and reporting of the Crucial Infrastructure Board;
▪ provide for the suspension and removal of Members of the Board;
▪ provide for the determination and declaration of Crucial Infrastructure;
▪ ensure that security measures are implemented at Crucial Infrastructure;
▪ provide for a Register containing the areas declared as Crucial Infrastructure;
▪ set out the rights and duties of owners of Crucial Infrastructure;
▪ provide for the limitation of the liability of the State;
▪ provide for parliamentary oversight of the Board;
▪ create offences and penalties;
▪ provide for transitional provision;
▪ repeal the National Key Points Act 102 of 1980 and related legislation.

Interested parties and institutions are invited to submit written representations on the draft bill.

Comments can be emailed to M B Coetzee at mbcoetzee@parliament.gov.za and copied to leader@da.org.za by no later than Friday, 4 April 2014.

Background
The Protection of Crucial Infrastructure Bill seeks to repeal the National Key Points Act, No. 102 of 1980, in its entirety. The Act was drafted in 1980 by the apartheid government in response to sabotage and is inappropriate in a constitutional democracy. The Act gives far reaching powers to the Minister of Police without scrutiny. The Act is fundamentally at odds with the values of openness and participation which underpin the Constitution. Prompted by the Act's contradiction with the values found in the Constitution, there is a need for the repeal of the entire Act as it has no place in a constitutional and democratic South Africa. The Bill seeks to protect infrastructure crucial to the national security of the Republic in a manner consistent with the Constitution in an open and transparent manner