Constitutional restraints
On Tuesday evening, former Constitutional Court judge Kate O'Regan said all enacted legislation must comply with three constitutional restraints: compliance with legality, rationality and the Bill of Rights.
South Africans have the right to bring the secrecy Bill before the Constitutional Court if they feel it is impinging on their rights, she said at the annual Helen Suzman memorial lecture in Johannesburg.
O'Regan said she would not comment on whether the information Bill could be regarded as unconstitutional, as she had not read it, but the Helen Suzman Foundation said the Bill would undermine the constitutional democracy of the country.
"The Bill cannot credibly be described as in South Africa's best interests," it said in a statement on Monday.
"Instead it is a case of political expediency triumphing over constitutional rights. It marks the beginning of policy being driven by a secretive and self-serving security cluster."
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