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ATC240314: Interim Report of the Ad Hoc Committee on the General Intelligence Laws Amendment Bill [B40 – 2022] (National Assembly – sec 75), dated 13 March 2024

Ad Hoc Committee on General Intelligence Laws Amendment Bill (NA) (2023)

Interim Report of the Ad Hoc Committee on the General Intelligence Laws Amendment Bill [B40 – 2022] (National Assembly – sec 75), dated 13 March 2024

 

The Ad Hoc Committee on the General Intelligence Laws Amendment Bill (“the Committee”), having considered the General Intelligence Laws Amendment Bill [B 40 - 2023] (“GILAB”), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports in interim as follows:

 

1.         On 12 October 2023, the National Assembly (“NA”) established the Committee to consider and report to the NA on the GILAB.  

 

2.         The Minister in the Presidency, Hon K Ntshavheni, introduced GILAB in the NA on 17 November 2023.  In terms of the aforementioned NA resolution, the Committee was given until March 2024 to consider and process the Bill before reporting to the NA. 

 

3.         Due to the prevailing circumstances, including, the Constitutional obligation on the NA to facilitate public participation in the legislative process in terms of section 59(2) of the Constitution of the Republic of South Africa, 1996 (“Constitution”); the Committee applied, to the Speaker of NA, and was granted an extension to report on the Bill on 18 March 2024.

 

4.         The Bill, as introduced, broadly proposes to amend the National Strategic Intelligence Act, 39 of 1994, the Intelligence Services Act, 65 of 2002, the Intelligence Services Oversight Act, 40 of 1994, and other relevant legislation. Through these amendments, the Bill seeks to achieve the following:

  1. undo the establishment of the State Security Agency, in line with the recommendations of the High-Level Review Panel on the State Security Agency;
  2. establish the South African Intelligence Agency, which will have a domestic focus and be responsible for counter-intelligence and intelligence-gathering functions;
  3. establish a South African Intelligence Service responsible for foreign intelligence gathering;
  4. clarify the mandate of the two intelligence services that are to be established;
  5. re-establish the South African National Academy of Intelligence (“SANAI”), which is responsible for intelligence training;
  6. provide a legislative mandate for bulk interception, in compliance with the Constitutional Court judgement;
  7. provide a regulatory framework for compliance monitoring, coordination, and alignment of intelligence activities;
  8. provide for the regulation of cybersecurity, protection of information and intelligence;
  9. enable the Minister to prescribe issues of accountability and control of intelligence services in line with Section 209 of the Constitution and;
  10. to provide for matters related to former members of the intelligence services.

 

5.         The Bill as tabled, and deliberated upon until its meeting on 8 March 2024, did not look beyond the proposed amendments set out in paragraph 4 above. As such, the Bill did not consider critical matters relating to the operational efficiency of the constitutional civilian oversight body known as the Inspector-General of Intelligence (“IGI”) and the oversight of Parliament through the Joint Standing Committee on Intelligence (“JSCI”) in terms of the Intelligence Services Oversight Act 40 of 1994, as well as the oversight Committee over the Secret Services Account, which is the Evaluation Committee in terms of the Secret Services Act 56 of 1978.

 

6.         It has since become apparent to the Committee, that in order to exercise the necessary oversight over the intelligence services, the Committee would need to enquire into aspects that were not covered in the Bill as introduced. 

 

7.         Therefore, in terms of the NA Rule 286(4)(b) and 286(4)(c) the Assembly’s permission is sought to amend aspects of legislation which are not covered in the Bill as well as to extend the subject of the Bill to include the following:

 

  1.   the insertion of the appointment of the Deputy Chairperson of the JSCI;
  2.   the insertion of a provision for the JSCI to meet with the President at least twice   a year on intelligence related matters;
  3.   the insertion of a provision to align the annual reporting of the JSCI with the Parliamentary reporting requirements;
  4.   the insertion of the appointment of the Deputy IGI
  5.   the insertion of a provision that empowers the JSCI to designate the IGI to provide a specific oversight function;
  6.   the insertion of a provision to strengthen the compliance by the Executive with the recommendations of the IGI and;
  7.   the insertion of a provision to amend the Secret Services Act 56 of 1978 to provide for the GILAB.

 

8.         Therefore, in terms of Rule 286(4)(b) of the NA rules, the Committee has resolved to request, as it hereby does, the permission to extend the subject of the Bill to address issues relating to the enhancement of oversight over the Executive and operational efficiency of the Intelligence Services. 

 

 

Report to be considered.

 

 

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