Parliament, Thursday, 7 March 2024 – The Ad Hoc Committee on the General Intelligence Laws Amendment Bill today received responses from the State Security Agency (SSA) on the issues raised on the Bill during the public participation process.
The committee was informed that the SSA supported the proposed definitions on “monitor”, “review”, “significant intelligence failure”, “unlawful intelligence activity”, “fair presentation”, “intelligence” and “constitution”. It has, however, added further suggestions to some of the definitions.
The SSA also supported the proposal of the definition of “national security” received from the written submissions. It also supported the proposal to narrow the definition of “person or institution of national security interest” by excluding the part dealing with section 198 of the Constitution and retaining the part dealing with “threats to national security”.
The SSA further informed the committee that with regard to bulk interception, the initial presentation on bulk interception was conflated with targeted/legal interception. The SSA said bulk interception, therefore, will be limited exclusively to foreign jurisdictions.
It further stated that the Inspector-General of Intelligence (IGI) will conduct continuous oversight and provide assurance to the Minister and the Joint Standing Committee on Intelligence (JSCI) to ensure that bulk interception activities are not directed at individuals or institutions in South Africa and that activities are in compliance with the applicable laws and directives. The Minister indicated that the Office of the Interception Centres is working on a bill to be introduced to address interception and surveillance of communications in South Africa.
The committee was told that the SSA supports most of the proposals of the IGI. The SSA informed the committee that the proposal for binding recommendations of the Office of the IGI will expose the IGI to legal challenge. It instead proposed that where there are disagreements, the Minister intervenes and if that fails the matter be referred to the JSCI for final adjudication.
The SSA has also informed the committee that the Bill should make it obligatory for all the national intelligence structures to supply intelligence to the National Intelligence Coordinating Committee (NICOC). In relation to the proposal made by NICOC for the budget of the office of the Coordinator to be appropriated by Parliament, the SSA responded that it does not have a budget vote, as the agency’s budget is appropriated under the National Treasury. The SSA proposed that NICOC’s budget should be ringfenced in a similar way to that of the IGI, as proposed.
The committee inquired on the issue of vetting of officials who are often vetted after they have been employed rather than prior to employment. The SSA responded that vetting for some positions has not been made a pre-requisite for employment or a condition of employment which leads to employees being vetted after employment.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE AD HOC COMMITTEE ON THE GENERAL INTELLIGENCE LAWS AMENDMENT BILL, MR JEROME MAAKE.
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Name: Ms Faith Ndenze
Parliamentary Communication Services
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Email: fndenze@parliament.gov.za
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