19 September 2003

Section 10(3) of the Intelligence Services Act, 2002 (Act No. 65 of 2002)

"(3) The Director-General concerned or the Chief Executive Officer may, in a prescribed manner, subject to the approval of the Minister and the provisions of this Act, issue functional directives applicable to—

(a) physical security;

(b) computer security;

(c) communication security;

(d) protection of classified information;

(e) conditions of service and human resources of the Intelligence Services or the Academy, as the case may be: Provided that the functional directives on conditions of service and human resources must—

(i) be submitted to the Intelligence Services Council for consideration; and

(ii) be consistent with the regulations issued by the Minister;

(f) any other matter that is necessary for the intelligence and counter- intelligence functions of the Intelligence Services.".

 

Section 12(2) of the Intelligence Services Act, 2002

"(2) Without derogating from the generality of his or her powers in terms of subsection (1), and notwithstanding anything to the contrary contained in any other law, the Minister may—

(a) acquire [or hire] any immovable property, with or without any buildings thereon which is necessary for the efficient functioning of the Intelligence Services or the Academy, and erect or maintain any buildings on the property so acquired and [, with the concurrence of the Minister of Finance,] supply guarantees, indemnities and securities for those purposes;

(b) sell or otherwise dispose of immovable property, with or without any building thereon, which is no longer required for any purpose contemplated in paragraph (a);

(c) acquire [and] , hire or utilise any movable property and any other equipment which may be necessary for the efficient functioning of the Intelligence Services or the Academy;

[(c)](d) [with the concurrence of the Minister of Finance,] sell, let or otherwise dispose of [any immovable property, with or without any building thereon, and] anything referred to in paragraph [(b)] (c), which is no longer required for the said purposes."

 

Section 15 of the Intelligence Services Act, 2002

"Discharge of members on account of long absence without leave

15. Any member who absents himself or herself, whether voluntarily or involuntarily, from his or her official duties without the permission of the Director-General concerned or the Chief Executive Officer, as the case may be, for a period exceeding 14 consecutive days, is deemed to have been discharged from the Intelligence Services or the Academy, as the case may be, on account of misconduct, with effect from the date immediately following upon the last day on which he or she was present at his or her place of duty: Provided that if—

(a) any member absents himself or herself from his or her official duties without such permission and accepts other employment, he or she is deemed to have been discharged even if he or she has not yet absented himself or herself for a period of 14 consecutive days;

(b) a member deemed to have been so discharged again reports for duty, the Director-General concerned or the Chief Executive Officer, as the case may be, may, notwithstanding anything to the contrary contained in any law but subject to the approval of the Minister, reinstate the member in his or her former post or appoint him or her to any other post in the Intelligence Services or the Academy, as the case may be, on such conditions as the Director-General concerned or the Chief Executive Officer, as the case may be, may deem fit, and in that event the period of his or her absence from his or her official duties is deemed to have been absence on vacation leave without pay, or leave on such other conditions as the Director-General concerned or the Chief Executive Officer, as the case may be, may determine;

(c) the Director-General concerned or the Chief Executive Officer, as the case may be, refuses to reinstate the member, the latter may appeal to the Minister, stating the reasons why he or she should be reinstated.".

 

Section 19 of the Intelligence Services Act, 2002

"Transfer and discharge of members on account of public interest, secondment of members, and temporary employment of other persons

19. (1) If it is in the public interest, the Minister may—

(a) transfer any member from the post held by him or her to any other post—

(i) in the Intelligence Services or the Academy;

(ii) in any entity or establishment under the political control of the Minister; or

(iii) in another department, if the Minister responsible for the department in question has granted his or her approval,

whether or not such post is of a lower grade than that of the post held by him or her, and whether or not such post is within or outside the Republic: Provided that—

(aa) upon such transfer the member's salary and salary scale and such benefits as may be approved by the Minister, may not be reduced or altered without his or her consent, except in accordance with sections 17 and 18;

(bb) such transfer to another department, entity or establishment is subject to the conditions imposed by any law governing that transfer; and

(cc) a member may not without his or her consent be transferred to a post outside the Intelligence Services or the Academy if such transfer will, save for his or her salary, result in a change in his or her conditions of service;

(b) discharge any member from the Intelligence Services or the Academy on such conditions as the Minister may determine.

(2) The Minister may, with the consent of a member and upon such conditions as the Minister may determine, second a member, for the performance of a particular service or for a specified period, to the service of any other department, or the Intelligence Services or the Academy, or to any other authority, board, entity, establishment, institution or body, but, while so seconded, the member remains subject to this Act and any other law which applies to him or her.

(3) The Minister may by contract engage any person for the performance of a particular service, or for any period and on such terms as the Minister may deem fit.

(4) Subject to subsection (3) the Minister may determine that a person engaged on contract be designated as a member for the duration of the contract."