Chairperson, hon Ministers, hon members, during the extensive public consultation process a number of interest groups raised concerns regarding the need for an independent review process of classified information. However, none of them were clear on the conceptualisation of such a process. It was the ANC who conceptualised the idea and put in place the Classification Review Panel. This Classification Review Panel is one of the most important checks and balances in the legislation. But there are none so deaf than those who do not want to hear.
Unfortunately, as a result of the negative hive that was created around the legislation, there was never an effort to report on this very important matter; instead it served the purpose of the Bills detractors to act as if it does not exist. What Mr Dexter asked for is in this Bill, it's the declassification review committee.
Clause 20 establishes the panel and it determines its powers. It obliges all organs of state to provide assistance as required for the effective functioning of the panel. No organ of state or its employees may interfere, hinder or obstruct the panel or any member of the panel or a member of staff of the panel in the execution of its work. Extremely important and a clear sign of the ANC government's commitment to ensure that the legislation is used the way it is intended to and not abused is determination of clause 23(b); that no access - I repeat - no access to classified information may be withheld from the panel on any ground. Clause 21 sets out the functions of the panel. Amongst others, it must review and oversee status reviews, classifications and declassifications contemplated in the Act. It must receive all reports of ten-year reviews on the status of classified information and receive once a year all reviews on status of classified information conducted during that financial year by the organ of state.
Clauses 22 to 28 deal with the Constitution and the appointment of the panel, the disqualification for membership, the removal from office, remuneration of members and staff, the meetings of the panel, its decisions and appointment of its staff.
I do want to spend some time on the appointment of the panel. It is this House that will appoint the panel. In the appointment of the Classification Review Panel it is required that the public nomination process be embarked upon. The process must be transparent and open and the shortlist of the candidates must be published. The Joint Standing Committee on Intelligence must table five names for approval by the National Assembly. The National Assembly must, by resolution with the support of the majority of its members upon approval, submit the list to the Minister for appointment.
The chairperson of the panel must be an admitted attorney or an advocate with at least ten years' legal experience. The other members must be suitably qualified and at least one of them must have experience in the Constitution and the law. One must have experience and knowledge in national security matters and at least one with knowledge of archive- related matters.
The composition of the Classification Review Panel was a very deliberate and calculated composition. It was composed in such a way that members of the panel provide a balance of knowledge that can deal with the work of the panel under the guidance of the constitutional requirements.
Members of the panel are appointed for a period of five years renewable for one additional term. Appointments to the panel are subject to a security certificate that must be issued to the successful candidates. There are strict guidelines that disqualify a person to become a member of the panel. And this is important because it indicates the committee's intention of appointing people of character to this panel.
No person can be appointed if they are not a citizen or resident inside the country nor if a person is employed by the state and receiving remuneration from the state. No political office bearer, employee of any party, movement or organisation of a party political nature may be appointed. Anyone who is unrehabilitated, insolvent or has been declared of unsound mind by a court of the Republic, has been committed because of a criminal offence apart from an offence that is political of nature and committed prior to 10 May 1994, would also be disqualified. [Interjections.]
Finally, a person who has been removed from an office of trust on account of misconduct involving fraud will also not be qualified to be considered to become a member of the Classification Review Panel. From these disqualifying criteria it is clear that people with the highest integrity, who will carry the trust of the people and who will execute their task with due diligence will be suitable for appointment.
The Classification Review Panel may confirm, vary or set aside any classification decision taken by the head of an organ of state and instruct where necessary the head of an organ of state to change the classification status of the classified information if necessary. Before final decisions are reached the panel must provide the head of an organ of state time to respond in any manner that may be expedient.
The decision of the Classification Review Panel binds the organ of state only subject to an appeal that the organ of state may lodge with the competent high court. [Time expired.] Thank you.