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ATC240320: Report of the Ad Hoc Committee on the General Intelligence Laws Amendment Bill on the General Intelligence Laws Amendment Bill [B40 – 2023], dated 19 March 2024

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

Report of the Ad Hoc Committee on the General Intelligence Laws Amendment Bill on the General Intelligence Laws Amendment Bill [B40 – 2023], dated 19 March 2024.

 

The Ad Hoc Committee on the General Intelligence Laws Amendment Bill (“the Committee”), established on 12 October 2023, having considered the General Intelligence Laws Amendment Bill [B40 – 2023] (“Bill”) (National Assembly – section 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with amendments, B40A -2023, as follows:

1.         Purpose of the Bill

The Bill seeks to amend the National Strategic Intelligence Act, 39 of 1994, the Intelligence Services Act, 65 of 2002, and the Intelligence Services Oversight Act, 40 of 1994, to undo the establishment of the State Security Agency (SSA), in line with the recommendations of the HLRP; to establish the South African Intelligence Agency, which will have a domestic focus and be responsible for counter-intelligence and intelligence gathering functions; to establish a South African Intelligence Service responsible for foreign intelligence gathering; to clarify the mandate of the two intelligence services that are to be established; to re-establish the South African National Academy of Intelligence (SANAI), which is responsible for intelligence training; to provide a legislative mandate for bulk interception, in compliance with the Constitutional Court judgement; to provide a regulatory framework for compliance monitoring, coordination, and alignment of intelligence activities; to provide for the regulation of cybersecurity, protection of information and intelligence; to enable the Minister to prescribe issues of accountability and control of intelligence services in line with Section 209 of the Constitution; and to provide for matters related to former members of the intelligence services.

 

 

 

 

2.         Process followed

  • The Bill was formally introduced in Parliament by the Minister in The Presidency, and referred to the Committee on 17 November 2023.
  • The Committee held the meeting to consider and adopt its programme to process the Bill, and to deliberate on the advertisement of the Bill for public comments on 23 November 2023.
  • The Committee was briefed by the Minister in the Presidency on the Bill on 29 November 2023.
  • The Committee was briefed by the National Intelligence Co-ordinating Committee (NICOC), the South African Police Service - Crime Intelligence (SAPS-CI), and the Inspector-General of Intelligence (IGI) on their input into the Bill on 5 and 7 December 2023.
  • The Bill was published for public comments in local and national newspapers in mid-December 2023 and the deadline for public submissions was Wednesday, 31 January 2024.
  • Following several requests for an extension by individuals and various groups interested in contributing to the Bill, the Committee extended the deadline for written submissions, on 22 January 2024, from 31 January to 15 February 2024.
  • In line with its mandate of processing legislation, the Committee conducted Provincial Public Hearings on the Bill from 22 January to 18 February 2024 in 5 provinces, namely; Limpopo, Gauteng, Western Cape, KwaZulu-Natal, and Mpumalanga (See Report of the Ad Hoc Committee on the General Intelligence Laws Amendment Bill on the Public Participation Process, dated 8 March 2024, ATC No. 33-2024).
  • The Committee held National Public Hearings at Parliament and virtual platform from 20 to 21 February 2024 with interested stakeholders and individuals, namely the FW de Klerk Foundation, the Association of Christian Media, AfriForum, the Congress of South African Trade Unions (COSATU), Prof (Dr) Setlhomamaru Dintwe, Freedom of Religion South Africa (FOR SA), Dear South Africa, Intel Watch, and Prof Jane Duncan. 
  • The Constitutional obligation on the National Assembly to facilitate public participation in the legislative process in terms of section 59(2) of the Constitution of the Republic of South Africa, 1996, resulted in the Committee applying for an extension to the Speaker of the National Assembly to report on the Bill on 22 March 2024 instead of 1 March 2024 as per the resolution. The extension was granted by the National Assembly on 27 February 2024.  
  • The Committee considered its Public Participation Report on 06 March 2024.
  • Following public participation, the Minister in The Presidency and the SSA, were invited on 07 March 2024, to provide responses on the public submissions.
  • The Committee held its deliberations on 8, 11 and 13 March 2024. The Committee considered the Bill in its entirety and made proposals for new clauses not covered in the Bill as introduced.
  • The Committee sought permission from the National Assembly on 15 March 2024 (see ATC No. 34 - 2024), in terms of the National Assembly Rule 286(4)(b) and 286(4)(c) to inquire into aspects of the legislation that were not covered in the Bill as introduced as well as to extend the subject of the Bill to include, the appointment of the Deputy Chairperson of the JSCI; a provision for the JSCI to meet with the President at least twice a year on intelligence-related matters; a provision to align the annual reporting of the JSCI with the Parliamentary reporting requirements; the appointment of the Deputy IGI; a provision that empowers the JSCI to designate the IGI to provide a specific oversight function; a provision to strengthen the compliance by the Executive with the recommendations of the IGI; and a provision to amend the Secret Services Act 56 of 1978 to provide for the GILAB.
  • At its sitting on 19 March 2024, the National Assembly resolved to refer the interim report back to the Committee for further consideration.
  • The Committee held the clause-by-clause deliberations on 19 March 2024, and resolved to omit the aspects of the legislation that were not covered in the Bill as introduced, of which permission sought on 15 March 2024, in terms of the National Assembly Rule 286(4)(b) and 286(4)(c) as mentioned, was not granted by the National Assembly.
  • There was general agreement and support for the Bill by the Committee.

3.         Committee decision on the Bill

The Ad Hoc Committee on the General Intelligence Laws Amendment Bill, having considered the General Intelligence Laws Amendment Bill (National Assembly – section 75), referred to it and classified by the JTM as a section 75 Bill, reports the Bill with amendments [B40B – 2023].

Report to be considered.

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