CRITICAL INFRASTRUCTURE PROTECTION BILL, 2017

1. CRITICAL INFRASTRUCTURE PROTECTION BILL, 2017 PRESENTATION TO THE PORTFOLIO COMMITTEE 25 October 2017

2. INTRODUCTION AND BACKGROUND • The Department of Police initiated the process to review the National Key Points Act, 1980 as far back as 2007. • The Critical Infrastructure Protection Bill(“the Bill”) seeks to bring the legal framework for the protection of critical infrastructure in line with the constitutional imperatives and changing developments. • During the drafting process in 2015, findings and remarks by the High Court of South Africa (Gauteng Local Division) in the matter Right2Know Campaign and Others v The Minister of Police and Another that was handed down on 1 December 2014, as well as other proposals were taken into account.

3. INTRODUCTION AND BACKGROUND • The Bill is aimed at ensuring that South Africa maintains a robust and sustainable approach to the protection of South Africa’s critical infrastructure in the interests of the state and all citizens. • The Bill is providing a more transparent process of declaring critical infrastructures which involves a variety of departments, the private sector and community bodies. • The Bill promotes a spirit of cooperation between various role players in order to provide for a multi-disciplinary approach to deal with critical infrastructure protection.

4. PROCESS OVERVIEW • The Bill was approved by Cabinet on 13th April 2016 for publication in the Gazette for public comment. This was done on 13 May 2016 for comments until 15 June 2016. All comments have been considered and the Bill has been amended to incorporate those that were considered useful. • During the months of August and September 2016, the Bill was presented at various DG Cluster meetings for further processing. In November 2016, the Bill was further deliberated on a clause by clause basis at NEDLAC. The NEDLAC report was finalised in July 2017 and has been forwarded to the Minister of Police, Minister of Labour and to the Portfolio Committee on Police. • The Bill was approved by Cabinet in April 2017.

5. PURPOSE OF THE BILL • Secure critical infrastructure (“CI”) against threats • Objective criteria for identification and declaration • Public-private cooperation for identification and protection of CI • Promote cooperation and a culture of shared responsibility • Enhance capacity to absorb and mitigate security risks • Ensure that CIs comply with regulatory measures • Support integration and coordination of the functions

6. NOT ALL “INFRASTRUCTURE” IS “CRITICAL INFRASTRUCTURE”

7. DEFINITION OF INFRASTRUCTURE • “infrastructure” means any building, centre, establishment, facility, installation, premises or systems needed for the functioning of the society, government or enterprises of the Republic and includes any transport network or network for the delivery of electricity or water; • “critical infrastructure” – only when formally declared as such

8. EXAMPLES OF INFRASTRUCTURE CRITICAL INFRASTRUCTURE

9. PURPOSE OF THE BILL • The Bill takes into account that Critical Infrastructure may fall into various sectors such as water, energy, transport, communication etc. • The Bill seeks to harmonise this with sectoral legislation, with a view to protect the physical integrity of these infrastructures.

10. HIERARCHY

11. CRITICAL INFRASTRUCTURE COUNCIL

12. ADMINISTRATION OF THE ACT

13. COORDINATION

14. OTHER STRUCTURES Established to advise National Commissioner iro functions e.g. coordination, standards, procedures

15. DECLARATION AS CI

16. DECLARATION AS CI

17. POWERS AND DUTIES OF OWNER • Clause 24 now provides that a person in control of critical infrastructure may advance reasons why government should finance or co-finance the costs • The Minister in consultation with Minister of Finance and other affected Minister will make a determination.

18. INSPECTORS

19. OFFENCES AND PENALTIES

20. REGULATIONS

21. TRANSITIONAL PROVISIONS

22. CONSTITUTIONAL ISSUES • The Bill improves upon previous drafts in several respects, especially with regards to the publication of Critical Infrastructure and the offences • Promotion of Access to Information Act • Promotion of Administrative Justice Act • All offences now require intent as an element e.g. photographs, pickets, demonstrations that must be unlawful or for an unlawful purpose etc

23. STAKEHOLDERS INVOLVED IN THE PROCESS • Stakeholders that have commented on the Bill: • National Treasury; Eskom Holdings (Pty); Rand Water; National Disaster Management; State Security Agency; National Prosecuting Authority; South African Police Service; Department of Health; Department of Defence and Military Veterans; Department of Justice and Constitutional Development; Department of Water and Sanitation; Department of Agriculture, Forestry and Fisheries; Office of the Chief State Law Advisers; and Ministers’ advisers • Buffalo City Municipality; Transnet; groundWork; Eskom Holdings (Pty); Western Cape Department of Community Safety; State Security Agency; eThekwini Municipality; South African Institute of Security • SENTECH; Right2Know; Situational Security Training Academy • South Durban Community Environmental Alliance; Telkom; amaBhungane; SABC; NERSA; Banking Association of South Africa; Southern African Catholic Bishop’s Conference; South African Reserve Bank; SASOL.

24. END Thank you