The Judicial Role in Defining National Security and Access to Information in South Africa

TitleThe Judicial Role in Defining National Security and Access to Information in South Africa
Publication TypeJournal Article
Year of Publication2015
AuthorsKlaaren, Jonathan
JournalDemocracy and Security
Volume11
Pagination275–297
ISSN10.1080/17419166.2015.1067613
AbstractThis article argues that judicial and other institutions concerned with legal interpretation are playing an increasing role in regulating and defining the concept of national security for South Africa, particularly in the realm of national security information. Part I surveys the post-apartheid evolution of accountability of South Africa’s national security agencies with particular attention to the treatment of national security information. Starting from a low base, intelligence agencies in South Africa have become more accountable, in part through the greater degree of access to national security information. Part II portrays the placement of access to national security information within South Africa’s legislative framework, taking into account the keys laws underpinning both secrecy and disclosure regulation. Here, with no definition of national security on the secrecy side, it is on the disclosure side of South Africa’s legislative framework that the judiciary and other legal actors are crafting an operative definition of national security. Part III covers three recent developments, arguing that they demonstrate the increasingly important regulatory role played by the judiciary and other legal institutions. These include two key Constitutional Court decisions and an ongoing legislative reform effort.
URLhttp://0-www.tandfonline.com.innopac.wits.ac.za/doi/abs/10.1080/17419166.2015.1067613
DOI10.1080/17419166.2015.1067613
Fulltext File: 

Add new comment

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
Refresh Type the characters you see in this picture. Type the characters you see in the picture; if you can't read them, submit the form and a new image will be generated. Not case sensitive.  Switch to audio verification.