South Africans could face new laws over what they say abroad
CAPE TOWN — International Relations Minister Ronald Lamola has backed a proposal to introduce tougher legal measures against South Africans accused of spreading misinformation about the country overseas, amid suggestions that existing laws should be strengthened to allow for the loss of citizenship in certain circumstances.
The proposal emerged during a parliamentary meeting examining the Department of International Relations and Cooperation’s financial statements, where committee chairperson Supra Mahumapelo criticised organisations engaging with American lawmakers over South Africa’s domestic policies.
Mahumapelo specifically named AfriForum, Solidarity, Lex Libertas and the Freedom Front Plus, accusing them of contributing to deteriorating relations between South Africa and the United States.
He suggested that some of their activities in Washington could amount to treasonous conduct and called for legislation giving effect to constitutional provisions dealing with citizenship.
Lamola supported examining the proposal, arguing that misinformation about South Africa should not be allowed to circulate internationally without consequences.
“Free agents can’t be allowed to roam with misinformation across the globe about their own country,” Lamola told the committee.
He said the executive would consider how it could respond to Parliament’s proposals.
The proposal immediately raised concerns about freedom of expression.
Democratic Alliance MP Ryan Smith opposed the suggestion, warning that legislation restricting what South Africans say about their country could infringe constitutional protections.
Lamola responded that freedom of expression has limits and should not be used to justify spreading false information.
However, the Constitution protects freedom of expression, including political criticism, and permits the loss of citizenship only under national legislation. Whether the proposed measures could lawfully apply to political advocacy or disputed statements made overseas would require careful constitutional scrutiny.
No draft legislation has been tabled, and no court has established that the organisations named by Mahumapelo committed treason or any other offence.
The debate comes amid strained relations with Washington, including disagreements over South Africa’s transformation policies, land legislation and allegations concerning the treatment of white South Africans.
The United States recently introduced visa restrictions linked to certain South African policies, while its ambassador, Leo Bozell, has faced repeated diplomatic objections from Pretoria over his public statements.
The government’s next step will determine whether the proposal remains a political warning or develops into legislation. Any attempt to penalise South Africans for statements made abroad would have to distinguish demonstrably unlawful conduct from constitutionally protected criticism of government policy.
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