The Critical Infrastructure Protection Bill, the successor to the National Key Points Act of 1980, has been heavily criticised by the Democratic Alliance (DA) who has called for it to be redrafted.

The draft Bill was published by Minister of Police Nathi Nhleko in May this year. The Bill aims to:

• secure critical infrastructure against threats
• ensure that information pertaining to certain critical infrastructure remains confidential
• ensure that objective criteria are developed for the identification, declaration and protection of the critical infrastructure
• ensure public-private cooperation in the identification and protection of critical infrastructure
• secure critical infrastructure in the Republic by creating an environment in which public safety, public confidence and essential services are promoted

DA Shadow Minister of Police, Zakhele Mbhele MP expressed his concern during a press conference that the list of critical infrastructure would remain confidential, which means it would not be possible to know what is classified a critical infrastructure. The party believes that this list should be made public, and available for public scrutiny.

In addition to this, strict criteria for what should be classified as a critical infrastructure are not set out in the bill. The requirements are vague, allowing for abuse and political meddling.

“It is also highly worrying that Parliament would, through this Bill, entirely exclude itself from the process of identifying and protecting critical infrastructure. This means that there will be no effective oversight and accountability,” said Mbhele.

He argued that it is worrying that neither the Critical Infrastructure Council – which is tasked with evaluating, monitoring and reviewing the implementation of policy and legislation related to the protection of the critical infrastructure – nor the Minister is required to report to Parliament on this Bill.

The DA has claimed that the Bill in its current form can be used by the President to give effect to another Nkandlagate scandal.

“To this end, we will demand that the Minister of Police go back to the drawing board and ensure that a Bill, completely consistent with Constitution, is drafted. South Africans cannot afford another R240 million scandal, using public money that should be used to deliver better services and create jobs,” said Mbhele.