OFFICE
OF THE PRESIDENT
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- No. 2079 2 December 1994
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- NO. 38 OF 1994:
INTELLIGENCE SERVICES ACT, 1994.
-
- It is hereby notified that
the President has assented to the following Act, which is hereby
published for general information:
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- GENERAL EXPLANATORY NOTE:
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- ** ** Words between
asterisk indicate omissions from existing enactments.
-
- << >> Words
between pointed brackets indicate insertions in existing
enactments.
-
ACT
-
- To regulate the
establishment, organisation and control of the National Intelligence
Agency and the South African Secret Service;
and to provide for
matters connected therewith.
-
(Afrikaans
text signed by the President.) (Assented to 23 November 1994.) -
- BE IT ENACTED by
the Parliament of the Republic of South Africa, as follows:-
CHAPTER I
Definitions and
application of Act
-
Definitions
-
- 1. In this Act, unless the
context otherwise indicates-
-
- (i) "Agency"
means the National Intelligence Agency established by section 3;
(ii)
-
- (ii) "department"
means a department as defined in section I of the Public Service
Act, 1994; (iii)
-
- (iii) "Deputy
President" means the Executive Deputy President designated by
the President; (i)
-
- (iv) "Director-General"
means the person appointed as the Director- General of the Agency
or the Service, as the
case may be, under section 3; (v)
-
- (v) "member"
means a member of the Agency or the Service, as the case may be;
(vii)
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- (vi) "Minister"
means the Minister designated by the President; (viii)
-
- (vii) "misconduct"
means-
-
- (a) the commission of any
offence; or
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- (b) a contravention of or
failure to comply with any provision of this
-
Act which is not an offence;
(xiii)
-
- (viii) "premises"
includes any land, building, building works,
-
instrument, equipment or
means of transport; (ix)
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(ix) "prescribed"
means prescribed by regulation; (xii) (x) "Public Service
Commission" means the Public
Service
-
Commission established by
section 209 of the Constitution of the
-
Republic of South Africa,
1993 (Act No. 200 of 1993); (xi) (xi) "regulation" means
a regulation made under this
Act; (x)
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(xii) "Service"
means the South African Secret Service established by section 3;
(iv)
-
- (xiii) "this
Act" includes the regulations. (vi) Application of Act
-
2. Unless the context
otherwise indicates, the provisions of this Act shall apply in
respect of all members, irrespective of whether
they became members
at the commencement of this Act or were appointed as members after
the commencement of this Act, and irrespective
of whether they work
in or outside the Republic.
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CHAPTER
II
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Establishment,
composition and organisation of Agency and Service -
Establishment
of Agency and Service
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3. (1) There is
hereby established a National Intelligence Agency and a South
-
African Secret Service, which
shall consist of-
-
(a) the
persons who, on the date of the commencement of this Act, are
members of the Bureau as defined in section I of the Bureau
for
State Security Act, 1978 (Act No. 104 of 1978);
-
(b) the
persons who, on the date of the commencement of this Act, are
members of the Department of Intelligence and Security
of the
African National Congress;
-
- (c) the persons who, on
the date of the commencement of this Act, are members of the
Bophuthatswana Internal Intelligence Service
by virtue of their
appointment in terms of the Bophuthatswana Internal Intelli- gence
Service Act, 1982 (Act No. 25 of 1982),
or are appointed in terms
of section 15 of the National Security Council Act, 1981 (Act
No. 27 of 1981), of Bophuthatswana;
-
- (d) the persons who, on
the date of the commencement of this Act, are members of the
Transkei Intelligence Service by virtue
of their appointment in
terms of the Intelligence Service and State Security Council Act,
1987 (Act No. 67 of 1987), of Transkei;
-
- (e) the persons who, on
the date of the commencement of this Act, are members of the Venda
National Intelligence Service by
virtue of their appointment in
terms of the National Intelligence Service Act, 1988 (Act No. 31 of
1988), of Venda; the persons
who, immediately before the
commencement of the Constitution of the Republic of South Africa,
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1993 (Act No. 200 of 1993),
were members of any intelligence service or intelligence structure
of-
-
- (i) any Government of a
self-governing territory as defined in section 38(1) of the
Self-governing Territories Constitution
Act,
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1971 (Act No. 21 of 1971);
or
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(ii) any political party or
organisation, and in respect of whom such service or structure
applies within seven days after
the commencement of this Act, to
the Director-General to become members of the Agency or the
Service; and
-
- (g) the persons appointed
after the commencement of this Act in terms of the provisions
thereof, as members of the Agency or
the Service: Provided that any
person contemplated in paragraphs (a) to (f) who, within two months
after the commencement of
this Act elects in writing to the
Director-General not to be a member of the Agency or the Service,
shall be deemed to have
resigned voluntarily with effect from the
date of such election: Provided further that the persons
contemplated in paragraphs
(a) to (f) are South African citizens
and that their names appear on a personnel list submitted by the
head of each organisational
component referred to in subsection
(2)(a) to the President within seven days after the commencement of
this Act.
-
- (2) (a) The persons
referred to in subsection (1)(a) to (f), shall continue in their
service and shall form organisational components
of both the Agency
and the Service until their integration into and the rationalisation
of the Agency and the Service in terms
of subsection (3).
-
- (b) Any person who at the
commencement of this Act, is the head of a Bureau, Service,
Department or structure contemplated in
paragraph (a) shall be the
organisational head of the corresponding organisational component
of the Agency and the Service,
but shall manage such component
subject to the control of both Directors-General: Provided that a
Director-General may not
also be the head of an organisational
component.
-
- (c) If an organisational
component, for whatever reason, does not have a head at the
commencement of this Act, the Directors-General
may, after
consultation with the advisory board contemplated in section 31 and
with the concurrence of the President, appoint
a member as head of
such component.
-
- (d) The Directors-General
may designate a member or members to form a management committee
for an organisational component,
and in such a case the head of
such organisational component shall manage such component with the
concurrence of such management
committee: Provided that the
Directors-General may, in the case where an organisational
component does not have a head, appoint
a management committee as
head of such organisational component.
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- (e) The head of an
organisational component and a management committee
-
(if any) shall report to and
act upon the directions of the
-
Directors-General.
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- (f) The salary, salary
scale and other conditions of employment of a member serving in an
organisational component contemplated
in paragraph (a) shall be
those that were applicable to such member immediately before the
commencement of this Act by virtue
of a law repealed by section
32: Provided that the salary, salary scale and other conditions of
employment of persons referred
to in subsection (1)(b) and (f)(ii)
shall be determined by the advisory board contemplated in section
31, acting with the concurrence
of the Directors-General and the
President: Provided further that if the salary which a member
receives in terms of this paragraph
after the commencement of this
Act is less than the salary on the scale determined for him or her
after his or her appointment
or allocation under subsection (3),
such member will be entitled to a sum equal to the difference
between the salary received
and the salary determined, calculated
from the commencement of this Act.
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(3) The President shall for
the purpose of the Agency and the Service-
-
- (a) appoint a
Director-General for the Agency and a Director-General for the
Service;
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- (b) establish chief
directorates, directorates and divisions for the
-
Agency and the Service, and
prescribe the post structures thereof;
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- (c) prescribe the
functions of the structures contemplated in paragraph (b);
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- (d) appoint managers and
allocate members to the structures referred to in paragraph (b)
from among members of the organisational
components; and
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- (e) in general, but
subject to the provisions of this Act, determine and prescribe all
matters that are necessary or expedient
for the creation and
establishment of the Agency and the Service out of the
organisational components.
-
- (3) The Director-General
shall, as far as is reasonably practicable, take steps to ensure
that-
-
- (a) national security
intelligence, intelligence collection methods, sources of
information and the identity of members of the
Agency or the
Service, as the case may be, are protected from unauthorised
disclosure;
-
- (b) no action is carried
out that could give rise to any reasonable suspicion that the
Agency or the Service, as the case may
be, is concerned in
furthering, protecting or undermining the interests of any section
of the population or any political party
or organisation; and
-
- (c) the functions of the
Agency or the Service, as the case may be, are limited to what is
necessary for the purposes of the
discharge of its functions in
terms of the National Strategic Intelligence Act,
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1994, and the Secret Services
Act, 1978 (Act No. 56 of 1978).
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- (4) The Directors-General
shall take steps to ensure the expeditious integra- tion and
rationalisation of the organisational components
into the Agency and
the Service.
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- Powers and duties of
members
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- 5. (1) A member may
exercise such powers and shall perform such duties as are by or
under this Act or any other law conferred
or imposed upon him or
her,
-
and shall in the performance
of his or her functions obey all lawful directions which he or she
may from time to time receive
from a person having the authority to
give such directions.
-
- (2) If a judge as defined
in section 1 of the Interception and Monitoring Prohibition Act,
1992 (Act No. 127 of 1992), is convinced,
on the grounds mentioned
in a written application complying with directives issued under
subsection (7), that-
-
- (a) information which has
or could probably have a bearing on the functions of the Agency or
the Service as contemplated in
section 2 of the National Strategic
Intelligence Act, 1994, can be obtained on any premises and such
information is of substantial importance to the Agency or the
Service in the discharge
of its functions; or
-
- (b) there is on any
premises information which has or could probably have a bearing on
the functions of the Agency or the Service
as
-
contem- plated in section 2
of the National Strategic Intelligence Act, 1994, which information
is required by the Agency or the Service for the proper discharge
of its functions,
-
and that such
information cannot reasonably be obtained by other
-
means, he or she may issue
the Agency or the Service with a direction authorising any member
when reasonably necessary-
-
- (i) to enter such
premises;
-
- (ii) to search such
premises with the purpose of obtaining such information;
-
- (iii) to examine, copy,
photograph or transcribe any article, document or other material
on such premises; and
-
- (iv) to remove any
article, document or other material from the premises, for as long
as is reasonably necessary, for the
purposes of examining,
copying, photographing or transcribing it, as the case may be.
-
- (3) (a) A direction
referred to in subsection (2) shall be issued by the judge concerned
for a specific period not exceeding three
months.
-
- (b) A direction referred
to in paragraph (a) may be executed by a member of the Agency or
the Service, as the case may be, provided
that such member has been
authorised thereto by another member of such Agency or Service
holding a post of at least chief manager.
-
- (4) The judge referred to
in subsection (2) may, upon a written application complying with the
directives issued under subsection
(7), extend the period referred
to in subsection (3) for a further period not exceeding three months
at a time, if that judge
is convinced that the extension is
necessary for a reason mentioned in subsection (2).
-
- (5) An application
referred to in subsections (2) and (4) shall be heard and a
direction issued without any notice to the person,
body or
organisation to which the application applies and without hearing
such person, body or organisation.
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- (6) Notwithstanding
anything to the contrary contained in any other law or the common
law, the entry of any premises or the handling
of any property,
article, document or any other material in or on or relating to such
premises by a member shall not be unlawful
if it is done on the
authority of a direction issued in terms of this section.
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- (7) The Judges-President
of the several Divisions of the Supreme Court of South Africa may
jointly issue directives to uniformly
regulate the manner and
procedure of applications in terms of subsection (2).
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General
powers of Deputy President or Minister
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- 6. (1) The Deputy
President or the Minister may, subject to the provisions of this
Act, do or cause to be done all things which
in his or her opinion
are necessary for the efficient superintendence, control and
functioning of, and action taken by, the Agency
or the Service.
-
- (2) Without derogating
from the generality of his or her powers in terms of subsection (1),
the Deputy President or the Minister
may-
-
- (a) acquire or hire any
premises, with or without any buildings thereon, which may be
necessary for the efficient functioning
of the Agency or the
Service, and erect and maintain any buildings so required and, with
the concurrence of the Minister of
Finance, supply guarantees,
indemnities and securities for those purposes;
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(b) acquire and utilise any
premises, movable property and any other equipment which may be
necessary for the efficient functioning
of the Agency or the
Service;
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- (c) with the concurrence
of the Minister of Finance, sell, let or otherwise dispose of any
premises, with or without any building
thereon, and anything
referred to in paragraph (b), which are no longer required for the
said purposes.
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Appointment,
promotion, discharge, demotion and transfer of members -
- 7. (1) The Deputy
President or the Minister may, subject to the provisions of this
Act, appoint any person as a member and any
member may in accordance
with the said provisions be promoted, discharged, reduced in rank or
grade or transferred.
-
- (2) Any document in the
prescribed form purporting to have been signed by the Deputy
President or the Minister and certifying
that any person has been
appointed as a member shall be prima facie proof that such person
has been so appointed.
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Security
screening and discharge of members
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- 8. (1) Subject to section
3(1)(a), (b), (c), (d), (e) and (f), no person may be appointed as a
member before-
-
- (a) information with
respect to that person has been gathered in the prescribed manner
in a security screening investigation
by the Agency or the Service,
as the case may be; and
-
- (b) the Deputy President
or the Minister after evaluating the collected information, is
reasonably of the opinion that such
person may be appointed as a
member without the possibility that such person might be a security
risk or that he or she might
act in any way prejudicial to security
interests of the Republic.
-
- (2) If the Deputy
President or the Minister is reasonably of the opinion that a person
may be appointed without the possibility
that such person might be a
security risk or might act in a way prejudicial to security
interests, as contemplated in subsection
(1)(b), he or she shall
issue a document with respect to such person in which it is
certified that such person has successfully
undergone a security
clearance and is regarded by him or her as security
competent: Provided that the Deputy President or the
Minister may
withdraw such certificate if he or she should obtain information
which, after evaluation by him or her, causes him
or her no longer
to be reasonably of the opinion that the member may be employed as a
member without the possibility that the
member could be a security
risk or could possibly act in any manner prejudicial to security
interests of the Republic.
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- (3) If-
-
- (a) the certificate,
referred to in subsection (2), is withdrawn; or
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- (b) the Deputy President
or the Minister obtains information regarding a person who became a
member in terms of section 3(l)(a),
(b), (c), (d), (e) or (f) which
causes him or her to be reasonably of the
-
opinion that that person
could be a security risk or could possibly act in any manner
prejudicial to security interests of the
Republic, such member
shall be deemed unfit for further membership of the Agency or the
Service and the Deputy President or
the Minister may-
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- (i) discharge such
person or member from the Agency or the
-
Service; or
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(ii) after consultation with
the Public Service Commission transfer such person or member to
another department on the conditions
determined by the Deputy
President or the Minister.
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Discharge
of members on account of long absence without leave
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9. Any member
who absents himself or herself from his or her official duties
without the permission of the Director-General concerned
for a period
exceed- ing one month, shall be deemed to have been discharged from
the Agency or the Service, 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 any
member absents himself or herself from
his or her official duties without such permission and accepts other
employment he or
she shall be deemed to have been so discharged even
if he or she has not yet so absented himself or herself for a period
of a
month: Provided further that if a member deemed to have been so
discharged, again reports for duty, the Director-General concerned
may, notwithstanding anything to the contrary contained in any law
but subject to the approval of the Deputy President or the
Minister,
reinstate him or her in his or her former post or appoint him or her
to any other post or appointment in the Agency
or the Service, as
the case may be, on such conditions as the Director-General
concerned may deem fit, and in that event the
period of his or her
absence
-
from his or her official
duties shall be deemed to have been absence on
-
vacation leave without pay, or
leave on such other conditions as the
-
Director-General concerned may
determine.
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Discharge
of members on account of ill-health
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10. (1) Any
member may be discharged from the Agency or the Service by the
-
Director-General concerned if,
after enquiry in the prescribed manner as to
-
his or her state of health,
such Director-General is of the opinion that he or she is by reason
of ill-health unfit to remain
in the Agency or the Service,
-
as the case may be.
-
- (2) Any member discharged
in terms of subsection (1) may in the prescribed manner appeal to
the Deputy President or the Minister,
who may thereupon set aside or
confirm his or her discharge.
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- Discharge or reduction in
rank or grade of members on account of inefficiency
-
- 11. (1) A member may be
discharged from the Agency or the Service or reduced in rank or
grade by the Director-General concerned
if, after enquiry in the
prescribed manner as to his or her fitness to remain in employment
or to
-
retain his or her rank or
grade, such Director-General is of the opinion that such member is
incapable of performing his or her
duties efficiently.
-
- (2) A member who has been
discharged from the Agency or the Service, as the case may be, or
reduced in rank or grade in terms
of subsection (1), may in the
prescribed manner appeal to the Deputy President or the Minister,
who may thereupon set aside or
confirm his or her discharge or
reduction in rank or grade, as the case may be.
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- Transfer and discharge
on account of public interest, secondment of members, and
temporary employment of other persons
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- 12. (1) If the public
interest so requires, the Deputy President or the
-
Minister may-
-
- (a) transfer any member
from the post held by him or her to any other post-
-
- (i) in the Agency or the
Service, as the case may be; or
-
(ii) if the Minister
concerned has concurred therein and the Public Service Commission
has so recommended, in any other department,
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 a transfer
a member's salary and salary scale shall not be reduced without his
or her consent, except in accordance
with the provisions of Chapter
III;
-
(bb)
such a transfer to another department shall take place on such
conditions as may be determined on the recommendation of
the Public
Service Commission; and
-
- (cc) a member shall not
without his or her consent be transferred to a post outside the
Agency or the Service, as the case may
be, if
-
such transfer will, save for
his or her salary, result in a change in his or her conditions of
service;
-
- (b) discharge any such
member from the Agency or the Service, as the case may be, on such
conditions as the Deputy President
or the Minister may determine.
-
- (2) A member may, with his
or her consent and upon such conditions as may be approved by the
Deputy President or the Minister,
be seconded by the
-
Director-General concerned for
the performance of a particular service or for a specified period,
to the service of any other
government or any other authority, or
any board, institution or body, but shall, while so seconded, remain
subject to the provisions
of this Act and any other law which
applies to him or her.
-
- (3) The Director-General
concerned may by contract engage any person for the performance of a
particular service or for any period
approved by the Deputy
President or the Minister.
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Delegation
of powers
-
- 13. (1) The Deputy
President or the Minister may on such conditions as he or she may
deem fit delegate any power conferred upon
him or her by this Act,
excluding any power conferred upon him or her by section 6(1),
8(3)(b)(i) and (ii), 9, 10(2), 11(2),
12(1)(a)(ii) and (b), 15(9),
16, 17(4), 19(3)(a) and (4), 21, 24(1), 25(2), 29, 30(2), (3) and
(4) or 32(4), to the
-
Director-General or any other
member of the Agency or the Service, as the case may be, and any
such power exercised in terms of
such a delegation shall be deemed
to have been exercised by such Deputy President or Minister.
-
- (2) The Director-General
may delegate any power conferred upon him or her by or under this
Act to any other member of the Agency
or the Service, as the case
may be, and any power exercised in terms of such a delegation shall
be deemed to have been exercised
by that Director-General.
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- CHAPTER III
Discipline
Savings with respect to
misconduct
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- 14. Nothing in this Act
contained shall be construed as indemnifying any member against
prosecution in or conviction by any court
of law in respect of any
offence.
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Procedure
in case of alleged misconduct of members
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15. (1) The Director-General
concerned may, in the manner prescribed, charge any member with
misconduct and request him or her
to submit, within such
-
period and in such manner as
may be prescribed, a written admission or denial of the charge and
any written explanation he or
she may wish to offer in connection
with the alleged misconduct.
-
- (2) After the expiration
of the said period the Director-General concerned may appoint a
board of enquiry to investigate the charge
in question.
-
(3) A board of
enquiry may subpoena any person as a witness and administer an oath
to a person so subpoenaed or, in lieu thereof,
accept an affirmation
from him or her.
-
- (4) At the investigation
of any charge in terms of this section, the law relating to evidence
and witnesses as applicable in connection
with criminal proceedings
in a magistrate's court, except the proviso to section 217(1) of the
Criminal Procedure Act, 1977 (Act
No. 51 of 1977), shall, subject to
the provisions of this Act, apply.
-
- (5) Where a member is
charged with misconduct which constitutes an offence in respect of
which he or she has been convicted by
a court of law, a certified
copy of the record of the trial in question shall, on its mere
production by any person, be admissible
in evidence before the board
of enquiry
-
investigating the charge,
and a certified copy of the charge and conviction in
-
question shall, on its mere
production by any person to such board, be prima facie proof of the
commission of such offence by
the member concerned.
-
- (6) After considering the
evidence adduced at the enquiry and affording the member charged or
another member referred to in section
16 assisting or representing
him or her an opportunity of addressing the board of enquiry, the
board shall find the member charged
guilty or not guilty of the
misconduct
-
with which he or she has been
charged and inform him or her of its finding: Provided that if the
member charged admits, pursuant
to a request under subsection (1) or
to the board, that he or she is guilty of the misconduct in
question, he or she may be found
guilty without any evidence having
been adduced.
-
- (7) A member found guilty
of misconduct may, within such period and in such manner as may be
prescribed, appeal to the Deputy
President or the Minister against
the finding of the board of enquiry and make representations in
-
writing to the Deputy
President or the Minister in regard to the imposition of punishment.
-
- (8) The board of enquiry
shall and the Director-General concerned may make recommendations to
the Deputy President or the Minister
regarding the punishment which
may be imposed upon a member found guilty.
-
- (9) The Deputy President
or the Minister may, after considering the record of the proceedings
before the board of enquiry and
the recommendations of the board,
and the recommendations of the Director-General concerned and the
grounds of appeal of, and
any representations made by, the member
charged, direct that the conviction and sentence be set aside, or
confirm the
-
conviction on any charge and-
-
- (a) direct that no
further action be taken in the matter;
-
- (b) direct that the
member concerned be cautioned or reprimanded;
-
- (c) impose upon the
member concerned a fine not exceeding the amount determined from
time to time by the Deputy President or
the Minister by regulation,
and which may be recovered by way of deductions from his or her
salary or allowances;
-
- (d) direct that his or
her salary, rank or grade or both his or her
-
salary and rank or grade be
reduced to such extent as may be recommended;
-
- (e) direct that the
member be called upon to resign from the Agency or the Service, as
the case may be, from a date specified
by the Deputy President or
the Minister; or discharge the member from the Agency or the
Service, as the case may be, from a
date specified by the Deputy
President or the Minister.
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Representation
at Board of Enquiry
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- 16. Any member may-
-
- (a) with respect to his
or her appearance before a board of enquiry referred to in section
15;
-
- (b) with respect to an
investigation held in terms of sections 10 and
-
11; and
-
- (c) with respect to any
other investigation held in terms of this Act and as a consequence
of which a decision or finding that
may be prejudicial to his or
her rights may be made,
-
be represented and assisted
only by another member: Provided that if there is no member who
satisfies the requirements for a
degree entitling him or her to
admission as an attorney in terms of the Attorneys Act, 1979 (Act
No. 53 of 1979), or as an
advocate in terms of the Admission of
Advocates Act, 1964 (Act No. 74 of 1964), and who is available and
prepared to represent
and assist the member, that particular
member, should he or she so insist, shall be entitled to legal
representation by a person
from outside the Agency or the Service,
as the case may be: Provided further that the Deputy President or
the Minister may
make regulations which he or she deems necessary
and advisable to protect intelligence, information and documents in
the possession
or under the control of the Agency or the Service,
as the case may be, from unauthorised disclosure and which shall
also apply
to the said legal representative from outside the Agency
or the Service.
-
Suspension
of members
-
- 17. (1) A member may be
suspended from his or her office on full salary and benefits pending
his or her trial or after his or
her conviction of any offence,
whether under this Act or otherwise, or pending any enquiry at which
a charge of misconduct against
him or her or his or her fitness to
remain in
-
the Agency or the Service, as
the case may be, or to retain his or her rank or grade is being
investigated, and shall be so suspended
during any period
-
during which he or she is
under arrest or detention or is serving a term of imprisonment, but
shall not by reason of such suspension
cease to be a member.
-
- (2) During the suspension
of a member his or her powers, functions and authority as such a
member shall be in abeyance, but he
or she shall continue to be
subject to the same duties and discipline as if he or she had not
been suspended.
-
- (3) The suspension of a
member may be terminated at any time.
-
- (4) The suspension or the
termination of the suspension of a member shall take place on the
instructions of the Deputy President
or the Minister or, as a
provisional measure pending the decision of the Deputy President or
the Minister, on the instructions
of the Director-General concerned.
-
Manner
in which notice may be given or process served
-
- 18. If by this Act it is
provided-
-
(a) that any notice,
statement or other document is to be given or supplied to or served
upon any person or that any matter
is to be or may be conveyed to
any person in writing, the notice, statement, document or writing
may be sent by post in a registered
letter or be delivered to him
or her or left at his or her last known place of residence; or
-
- (b) that any person is to
be informed of any decision or finding, he or she may be informed
thereof verbally or by writing sent
by post in a registered letter
or delivered to him or her or left at his or her last known place
of residence.
-
- CHAPTER IV General
-
Whole time of members to be
at disposal of State
-
- 19. (1) Unless otherwise
provided in this Act-
-
- (a) every member shall
place the whole of his or her time at the disposal of the State;
-
- (b) no member shall
perform or engage himself or herself to perform any remunerative
work outside his or her employment; and
-
- (c) no member may claim
as of right additional remuneration in respect of any official duty
or work which he or she is required
by a
-
competent authority to
perform.
-
- (2) Notwithstanding the
provisions of subsection (1), the Deputy President or the Minister
may grant permission to a member to
perform or engage himself or
herself to perform remunerative work outside his or her employment.
-
- (3) (a) Where a member
receives any remuneration, allowance or other reward whatsoever in
connection with the performance of his
or her work, otherwise than
in accordance with the provisions of this Act or in contravention of
the provisions of subsection
(1)(b), such member shall pay to the
Agency or the Service, as the case may be, an amount equal to the
amount of such remuneration,
allowance or reward or, where it does
not consist of money the value thereof, as determined by the
Director-General concerned,
and if he or she does not do so, such
Director-General may recover it from him or her by way of legal
proceedings or in such
manner as such Director-General may deem
fit: Provided that-
-
- (i) there shall be a
right of appeal to the Deputy President or the Minister against
that determination by the Director-General;
and
-
- (ii) the Deputy
President or the Minister may approve the retaining by a member of
the whole or a portion of that remuneration,
allowance or reward.
-
- (b) Where in the opinion
of the Director-General concerned a member has received any
remuneration, allowance or other reward
as contemplated in
paragraph (a) and it is still in his or her possession or under his
or her control or in the possession
or under the control of some
other person on his or her behalf or, if it is money, has been
deposited in any bank, the post
office savings bank or any building
society or other financial institution in his or her name or in the
name of some other
person on his or her behalf, such
Director-General may in writing require such member or such other
person or such bank, the
post office or such building society or
financial institution not
-
to dispose thereof, or, if it
is money, to retain a corresponding sum of money, as the case may
be, pending the outcome of any
legal proceedings for the recovery
of such remuneration, allowance or reward or the value thereof.
-
- (4) Any salary, allowance,
fee, bonus or honorarium which may be payable in respect of the
service of a member seconded to any
other government or any other
authority or to any board, institution or body in terms of section
-
12(2), shall be paid to
the Agency or the Service, as the case may be:
-
Provided that in special
circumstances the Deputy President or the Minister may approve the
payment to such member of an amount
equal to the said salary,
allowance, fee, bonus or honorarium, or a portion thereof.
-
Reward
for extraordinary diligence or devotion
-
- 20. The Director-General
concerned may, with the approval of the Deputy President or the
Minister, award to any person who is
or was a member, for
extraordinary diligence or devotion in the performance of his or her
duties as such a member, such monetary
or other reward as he or she
considers
-
appropriate in the
circumstances.
-
- Establishment of
decorations and medals for members
-
- 21. The Deputy President
or the Minister may establish and introduce decorations and medals,
as well as bars, clasps and ribbons
in respect of such decorations
and medals, which may be awarded by him or her, subject to such
conditions as may be prescribed,
to any person who is or was a
member, in respect of his or her services as such a member or to any
other person who has rendered
exceptional services to the Agency or
the Service.
-
Offences
-
- 22. (1) Any person-
-
- (a) not being a member,
who-
-
- (i) by words, conduct or
demeanour pretends that he or she is such a member;
-
- (ii) pursuades any
member to omit to carry out his or her duty or to do any act in
conflict with his or her duty; or
-
- (iii) is an accomplice
to the commission of any act whereby any lawful order given to a
member or any regulation may be evaded;
-
- (b) subpoenaed in terms
of section 15 to appear as a witness at an enquiry who fails to
attend at the time and place mentioned
in the subpoena, or, having
attended, refuses to answer all questions lawfully put to him or
her;
-
- (c) subpoenaed in terms
of section 15 to appear as a witness at an enquiry and at any such
enquiry makes any false statement
on oath knowing it to be false;
-
- (d) who unlawfully and
intentionally violates a provision of the regulations mentioned in
the second proviso to section 16;
-
- (e) who fails to comply
with a requirement in terms of section
-
19(3)(b); who, not being the
person to whom a decoration or medal was awarded, wears it or,
without the written permission of
the Director- General concerned,
makes use of any decoration or medal established or introduced
under this Act, or of its bar,
clasp or ribbon, or anything so
closely resembling any such decoration, medal, bar, clasp or ribbon
as to be calculated to
deceive;
-
(g) who, without the approval
of the Deputy President or the Minister, in connection with any
activity carried on by him or
her takes, assumes, uses or in any
manner publishes any name, description, title or symbol indicating
or conveying or purporting
to indicate or convey or is calculated
or is likely to lead other persons to believe or
-
infer that such activity is
carried on under or by virtue of the provisions of this Act or
under the patronage of the Agency
or the Service, as the case may
be, or is in any manner associated or connected with the Agency or
the Service;
-
- (h) who enters upon or is
on or in any premises in contravention of
-
any prohibition or
restriction under section 24, shall be guilty of an offence.
-
- (2) Any person convicted
of an offence under this Act shall be liable-
-
- (a) in the case of a
contravention of subsection (1) (a) or (b) to a fine, or to
imprisonment for a period not exceeding six
months;
-
- (b) in the case of a
contravention of subsection (1)(c) to the penalties prescribed by
law for perjury;
-
- (c) in the case of a
contravention of subsection (1)(d), (e) or (f) to a fine, or to
imprisonment for a period not exceeding
one year;
-
- (d) in the case of a
contravention of subsection (1)(g) to a fine, or to imprisonment
for a period not exceeding two years;
-
- (e) in the case of a
contravention of subsection (1)(h) to a fine, or to imprisonment
for a period not exceeding 15 years.
-
Extra-territorial
application of Act, and jurisdiction
-
- 23. (1) Any act
constituting an offence or misconduct under this Act and which is
committed outside the Republic by any South
African citizen or any
person domiciled in the Republic shall be deemed to have been
committed also in the Republic.
-
- (2) Any offence or
misconduct under this Act shall, for the purposes of determining the
jurisdiction of a court or board of enquiry
to try the offence or
misconduct, be deemed to have been committed at a place where it
actually was committed and also at any
place where the accused or
person concerned happens to be.
-
Prohibition
of access to premises
-
- 24. (1) The Deputy
President or the Minister may by notice in the Gazette or in any
other manner which he or she deems sufficient
in the circumstances,
prohibit or restrict access to any premises under the control of the
Agency or the Service.
-
- (2) The Deputy President
or the Minister may take or cause to be taken such measures as he or
she deems necessary for the security
of, or the application of a
prohibition of or a restriction on access to, such premises, and may
in connection with any measures
so taken cause such notices to be
published or such warning notices to be erected as he or she may in
each particular case deem
necessary.
-
Canteens
-
- 25. (1) Notwithstanding
anything to the contrary contained in any other law, the Deputy
President or the Minister may establish
canteens for the Agency or
the Service and for the organisational components thereof.
-
(2) The production of an
official document signed by the Deputy President or the Minister and
indicating that he or she has established
a canteen for the purposes
of this section, shall be conclusive proof that it is a canteen
falling under this section.
-
- (3) For the purposes of
this section "canteen" includes any mess, pub or
institution of the Agency or the Service or
any premises temporarily
or permanently used for providing recreation, refreshments or
necessaries mainly for members or retired
members or for the
families of such members or retired members or for persons employed
in any work in or in connection with any
such mess, pub, institution
or premises.
-
Limitation of
actions, notification of proceedings and cause of action, and service
el of certain process
-
- 26. (1) Any civil
proceedings against the State or any person in respect of anything
done in pursuance of this Act, shall be instituted
within two years
after becoming aware that the cause of action arose, and notice in
writing of any such proceedings and of the
cause thereof shall be
given to the defendant not less than one month before it is
instituted.
-
- (2) If any notice
contemplated in subsection (1) is given to the Director-General
concerned, it shall be deemed to be notification
to the defendant
concerned.
-
- (3) Any process by which
any proceedings contemplated in subsection (1) is instituted and in
which the Deputy President or the
Minister is the defendant or
respondent, may be served on the Director-General concerned.
-
Missing
members
-
- 27. (1) If a member is
missing and the Director-General concerned is satisfied that his or
her absence arose from the performance
of his or her functions in
terms of this Act, such member shall for all purposes be deemed to
be still employed by the Agency
or the Service, as the case may be,
from the first day after the day on which such absence commenced
until the day on which he
or she again reports for duty or, in the
opinion of the
-
Director-General
concerned, should have so reported, or a competent court
-
issued an order whereby the
death of such member is presumed.
-
- (2) The salary or wages
and allowances accruing to a member during his or her absence
contemplated in subsection (1) shall, subject
to the provisions of
subsection (4), be paid to his or her spouse or, if he or she has no
spouse,
-
to his or her other
dependants, or to any person who, in the opinion of the
Director-General concerned, is competent to receive
and administer
such salary or wages and allowances on behalf of his or her spouse
or such other dependants.
-
- (3) Payment of any salary
or wages and allowances in terms of subsection (2) shall for all
purposes be deemed to be payment thereof
to the member concerned,
and an amount so paid shall not be recoverable by the State from any
person.
-
- (4) Notwithstanding the
provisions of subsection (2) the Director-General concerned may in
his or her discretion direct that only
a portion of the salary or
wages and allowances of a member be paid in terms of the said
subsection or that no portion thereof
be so paid.
-
Exemption from
training and compulsory service in National Defence Force and
South African Police
Service
-
- 28. (1) The provisions of
the Defence Act, 1957 (Act No. 44 of 1957), relating to service or
the liability to undergo training
shall not apply to
-
any member of the Agency or
the Service.
-
- (2) The provisions of the
Police Act, 1958 (Act No. 7 of 1958), relating to the establishment
or functioning of, or service or
training in, the Police Reserve,
shall not apply to any member of the Agency or the Service.
-
- (3) (a) Notwithstanding
the provisions of subsections (1) and (2), the Deputy President or
the Minister may, in the event of war
or when, in his or her
opinion, a state of emergency exists, and having regard to the
requirements of the Agency and the Service,
second any member for
service or training in the National Defence Force or the South
African Police Service.
-
- (b) A member shall, while
so seconded for service or training, be subject to the discipline,
command and control applicable
to the National Defence Force or the
South African Police Service, as the
-
case may be, but shall not
thereby be exempted from the application of the provisions of this
Act.
-
Regulations
-
29. (1) The Deputy President
or the Minister may make regulations as to- (a) the employment,
training, promotion, posting, transfer,
leave of
-
absence, resignation,
discharge, dismissal, suspension or reduction in
-
rank or grade of members and
the personnel management of those members in general;
-
- (b) the standards of
physical and mental fitness and the medical examination of members,
and the medical, dental and hospital
treatment of such members and
their families;
-
(c) the
provision of medical, dental and hospital treatment of members who
have retired on pension, and their families and of
the families of
members who have died or die;
-
- (d) the numerical
establishment of the Agency or the Service, the conditions of
service of the members thereof, the salaries,
salary scales, wages
and allowances of members and the systems relating to the
administration and determination thereof and
the various divisions,
branches, grades, ranks and designations in the Agency and the
Service;
-
- (e) the establishment and
maintenance of training institutions or centres for members, and
the instruction, training, discipline
and control of such members
at such institutions or centres; the
-
definition of offences
against duty and discipline and, generally, the control and
discipline of the Agency and the Service;
-
- (g) the deductions to be
made from the salaries, wages or allowances of members;
-
- (h) the assembly of
boards of enquiry appointed under this Act, the procedure at the
proceedings of such boards and the attendance
of witnesses thereat;
-
- (i) the charging of
members with misconduct; (j) appeals in terms of this Act;
-
(k) the provision of
stores, accessories, other equipment and means of
-
transport required for the
Agency and the Service, and the care, safe custody and maintenance
thereof;
-
- (l) the exercise of their
powers and the performance of their
-
functions by members;
-
- (m) the design, award,
use, care, loss, forfeiture and restoration of any decoration or
medal established or introduced in terms
of this Act, and its bar,
clasp or ribbon;
-
- (n) returns, registers,
records, books, forms, other documents and correspondence relating
to the Agency and the Service;
-
- (o) the recovery from a
member of any deficiency, loss, damage or expense which he or she
has unlawfully caused to the State;
-
- (p) the establishment and
conduct, and the control of the funds, of canteens contemplated in
section 25;
-
- (q) the control of funds
collected or received by members for the benefit of members or
ex-members, or their dependants;
-
- (r) the general
management and maintenance of the Agency and the
-
Service;
-
- (s) the retention of rank
on retirement or resignation from the Agency or the Service and the
award of honorary ranks;
-
- (t) the control over and
administration of funds appropriated for the Agency or the Service
in order to bring about the systematic
and orderly management
thereof and to promote efficiency and economy in the utilisation
thereof;
-
- (u) the regulation of
labour relations and the creation of accompanying structures;
-
- (v) the conditions for
and procedures regarding the permission of access to any premises
under the control of the Agency or
the Service and matters relating
thereto;
-
- (w) a code of conduct to
be adhered to by members;
-
- (x) the establishment of
procedures regarding the presentation, consideration and
adjudication of grievances of members;
-
(y) any matter which in terms
of this Act shall or may be prescribed; (z) generally, all matters
which are necessary or expedient
to
-
prescribe in order that the
purposes of this Act may be achieved.
-
- (2) Different regulations
may be made with reference to different categories of members.
-
- (3) A regulation relating
to conditions of service of members may be applied also to persons
who were members but who had ceased
to be members not more than two
years previously, calculated from the date on which the regulation
concerned is so applied: Provided
that such a regulation shall not
apply in respect of a particular person if it would be to his or her
detriment.
-
- (4) Regulations under
subsection (1) (c) may provide for benefits in respect of medical,
dental and hospital treatment of members
who have retired on pension
and their families and of the families of members who have died on
the same basis on which provision
therefor is made for members and
their families.
-
- (5) A regulation made in
terms of this section with reference to members need not be
published in the Gazette but shall be notified
to members to whom it
applies in such manner as the Deputy President or the Minister may
determine.
Discoveries, inventions and
improvements by members
-
- 30. (1) The rights in
respect of all discoveries and inventions and all improvements in
respect of processes, apparatus and machinery
made by a member
resulting from research undertaken by such member in the course of
his or her employment as a member, shall
vest in the Agency or the
Service, as the case may be.
-
- (2) The Deputy President
or the Minister may make the discoveries, inven- tions and
improvements referred to in subsection (1)
available for use in the
public interest subject to such conditions and the payment of such
fees or royalties as the Deputy President
or the Minister may
determine.
-
- (3) If the rights in any
discovery, invention or improvement vest in the Agency or the
Service in terms of subsection (1), the
Deputy President or the
Minister may award to the person responsible for the discovery,
invention or improvement such bonus as
he or she deems fit, or make
provision for
-
financial participation by
such person in the profits derived from the discovery, invention or
improvement to such extent as the
Deputy President or the Minister
may determine with the concurrence of the Minister of Finance.
-
- (4) The Deputy President
or the Minister may apply for a patent in the name of the Agency or
the Service, as the case my be, in
respect of any discovery,
invention or improvement referred to in subsection (1), and the
Agency or the Service, as the case
may be, shall for the purposes of
the Patents Act, 1978 (Act No. 57 of 1978), be regarded as the
assignee of the discoverer or
inventor concerned.
-
Advisory
Board
-
- 31. The President shall
for such period as he may determine appoint the heads of the
organisational components contemplated in
section 3 to form an
advisory board, on such conditions and remuneration (if any)
prescribed by him or her, to advise him or
her on the exercise of
his or her powers under
section 3 and matters relating
thereto, and to advise the Director-General concerned on the exercise
of his or her powers under
section 4 and matters relating thereto.
-
Repeal
of laws, and savings
-
- 32. (1) Subject to the
provisions of subsection (2) the laws mentioned in the Schedule are
hereby repealed or amended to the extent
indicated in the third
column thereof.
-
- (2) Subject to section
3(2)(f) anything done under any provision of a law repealed in terms
of subsection (1) and which could
have been done under a provision
of this Act, shall be deemed to have been done under the latter
provision.
-
- (3) All assets,
liabilities, rights and duties including funds, resources and
administrative records of a Service, Department
or government
establishment which ceases to exist by virtue of subsection (1)
shall vest in the Agency or the Service, as the
case may be, and
shall be deemed to have been acquired or incurred by the Agency or
the Service, as the case may be, under the
-
provisions of this Act.
-
- (4) A registrar of deeds
shall, upon the production to him or her of a certificate by the
Deputy President or the Minister that
immovable property described
in the certificate vests in the Agency or the Service in terms of
subsection (3), make such entries
and endorsements as he and she may
deem necessary in or on any relevant register, title deed or other
document in his or her
office, so as to give effect to subsection
(3).
-
(5) No duty,
office fee or other charge shall be payable in respect of any
-
entry or endorsement in terms
of subsection (4).
-
- (6) If an enquiry into
alleged improper conduct instituted in terms of a law repealed by
subsection (1), has not been concluded
at the commencement of this
Act, such proceedings shall be continued and concluded in accordance
with the provisions of the relevant
law in terms of which the
enquiry has been instituted, as if such law had not been repealed.
-
- (7) Notwithstanding the
provisions of subsection (1) disciplinary proceedings may be
instituted and concluded in terms of this
Act against any person who
at any time prior to the commencement of this Act is alleged to have
committed an act which may have
constituted improper conduct in
terms of a law repealed by subsection (1) or any regulation or rule
made thereunder: Provided
that no proceedings shall be so instituted
unless the act concerned is substantially the same as an act
constituting improper
conduct in terms of this Act.
-
- Short title and
commencement
-
- 33. This Act shall be
called the Intelligence Services Act, 1994, and shall come into
operation on a date fixed by the President by proclamation in the
Gazette.
-
- PLEASE NOTE! DETAILS SET
OUT AS FOLLOWS;
-
- 1. No. and year of law.
-
- 2. Short title.
-
- 3. Extent of repeal or
amendment.
-
- SCHEDULE Laws repealed or
amended (Section 32)
-
2>1. No. and year of law Act
No. 81 of 1969 (Republic of South Africa)
-
- 2. Short title Security
Services Special Account Act, 1969
-
- 3. Extent of repeal or
amendment
-
1. The substitution for
section 2 of the following section: "Payments from account
-
- 2. The moneys in the
account shall be utilised for the defraying of expenses in
connection with-
-
- (a) the performance of
the function and the duty of the National Intelligence
**Service**<< Agency and the South African
Secret Service>>
as referred to in **section 2 of** the **Security Intelligence and
State Security Council Act, 1972(Act
No. 64 of
-
1972)** <<National
Strategic Intelligence Act, 1994>>; and
-
- (b) the organisation of,
the exercising of the powers and the performance of the duties and
functions of any member of, the
exercising of the powers of the
<<President or the>> responsible
-
<<Executive Deputy
President or>> Minister in relation to the
-
superintendence and control
of, and the action by and functioning of, the **National
Intelligence Service as referred to in
the Bureau for State
Security Act, 1978 (Act No. 104 of 1978)** <<Agency and the
Service as defined in section I of the
Intelligence Services Act,
-
1994>>, and matters in
connection therewith which the said
-
<<President, Executive
Deputy President or>> Minister, <<as the case may be>>,
may from time to time
approve as being in the national interest,
and shall be paid out subject to the directions of the said
President, Executive
Deputy President or Minister, as the case may
be.".
-
- 2. The amendment of
section 3 by the insertion after the word "Intelligence"
of the words "Agency and the Director-General: South African
Secret".
-
- 3. The substitution for
section 5 of the following section: "Investment of balances
-
- 5. Moneys standing to the
credit of the account which are not required for immediate use or as
a reasonable working balance, may
be invested in such manner as may
be determined by the <<President, Executive Deputy President>>
or Minister responsible
for the National Intelligence <<Agency
or the South African Secret>> Service **in consultation** with
<<the
concurrence of>> the Minister **for State
Expenditure** <<of Finance>>.".
-
- 1. No. and year of law Act
No. 57 of 1973 (Republic of South Africa)
-
- 2. Short title Government
Service Pension Act, 1973
-
- 3. Extent of repeal or
amendment
-
- 1. The amendment of
section 1-
-
- (a) by the insertion
after the definition of "Administrator" of the following
definition: <<" 'Agency'
means the Agency as defined in
section 1 of the Intelligence Services Act, 1994;>>";
-
- (b) by the deletion of
the definition of "Bureau";
-
- (c) by the substitution
for the definition of "police force" of the following
definition: " 'police force' means
the Force referred to in
section 2 of the Police Act, 1958 (Act No. 7 of 1958), with the
exception of members of the Police
Reserve of Officers or the
Reserve Police Force and special constables, and includes persons
employed in the **Bureau** <<Agency
or the Service>>;";
and
-
- (d) by the insertion
after the definition of "revenue" of the following
definition: <<" 'Service' means
the Service as defined
in section 1 of the Intelligence Services Act, 1994>>;".
-
- 2. The amendment of
section 6 by the substitution in subsection (6) in the words
preceding paragraph (a) and in paragraph (a), for the word "Bureau"
of the words "Agency or the Service".
-
- 3. The amendment of
section 17 by the substitution for subsection (6) of the following
subsection:
-
- "(6) The regulations
contemplated in this section shall be made by the Minister with the
concurrence of the Minister of Finance
and after consultation with
the **Administrators** <<Premiers>> and the <<President,
Executive Deputy President
or>> Minister, responsible for the
**Bureau**
-
<<Agency or the Service,
the Public Service>> Commission **for Administration**, the
**permanent force, the police
force** <<National Defence
Force, the South African Police Service>>, the prisons
service, National Education and
Posts and Telecommunications.".
-
1. No. year of law Act No. 56
of 1978 (Republic of South Africa)
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- 2. Short title Secret
Services Act, 1978
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- 3. Extent ot repeal of
amendment 1. The amendment of section 1-
-
- (a) by the substitution
for the definition of "responsible Minister" of the
following definition: "'responsible
Executive Deputy
-
President or Minister',
in relation to any matter referred to in this
-
Act, means the Executive
Deputy President or Minister responsible
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for the department of State
under which that matter falls;"; and (b) by the substitution
in the definition of "secret
service" for the words
"responsible Minister" of the words "President or
the responsible Executive Deputy
President or Minister".
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2. The
amendment of section 2 by the substitution in subsection (2)(a) for
the words "responsible Minister" of the words
"President
or the responsible Executive Deputy President or Minister".
-
- 3. The amendment of
section 3A by the substitution in subsection (8)(a) for the words "a
responsible Minister" of the
words "the President or the
responsible Executive Deputy President or Minister".
-
- 4. The amendment of
section 3B by the substitution in subsection (1) for the words
"responsible Minister" of the words
"President or the
responsible Executive Deputy President or Minister".
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- 1. No. and year of law Act
No. 104 of 1978 (Republic of South Africa) Act
-
No. 84 of 1982 (Republic of
South Africa)
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- 2. Short title Bureau for
State Security Act, 1982
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- 3. Extent of repeal or
amendment Protection of Information Act, 1982
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- The repeal of the whole.
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- The amendment of section I
by the substitution for the definition of
-
"security matter"
of the following definition:
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"'security
matter' includes any matter which is dealt with by the **National
Intelligence Service** <<Agency or the Service
as defined in
section 1 of the Intelligence Services Act, 1994,>> or which
relates to the functions of that
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<<Agency>> or
Service or to the relationship existing between any person and
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- 1. No and year of law Act
No. 127 of 1992 (Republic of South Africa)
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- 2. Short title
Intercepting and Monitoring Prohibition Act, 1992
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- 3. Extent of repeal of
amendment
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- 1. The amendment of
section 1-
-
- (a) by the insertion
before the definition of "division" of the following
definition:<<" 'Agency' means
the Agency as defined in
section 1 of the Intelligence Services Act, 1994>>;";
and
-
- (b) by the insertion
after the definition of "serious offence" of the
following definition: << Service' means
the Service as
defined in section 1 of the Intelligence Services Act, 1994>>;".
-
- 2. The amendment of
section 3 by the substitution for paragraph (c) of subsection (2) of
the following paragraph:
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"(c) for the purposes of
subsection (1)(b)(ii) or subsection (4), be made by a member as
defined in section 1 of the **Bureau for State Security Act, 1978
(Act No. 104 of 1978)** <<Intelligence Services Act, 1994,>>
provided the member concerned obtained in advance the approval of
another member of the **National Intelligence Service**
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<<Agency or the
Service, as the case may be,>> holding a post of at least
chief director.".
-
- 3. The amendment of
section 4-
-
- (a) by the substitution
in subsection (1) for the words "National
-
Intelligence" of the
words "Agency or the"; and
-
- (b) by the substitution
in subsection (2)(b)(ii) for the words
-
"National Intelligence"
of the words "Agency or the".
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4. The
amendment of section 5 by the substitution in subsection (2) for the
words "Chief of the National Intelligence" of the words
"Director-General
of the Agency or the".
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- 1. No. year of law
Proclamation No. 103 of 1994
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- 2. Short title Public
Service Act, 1994
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- 3. Extent of repeal or
amendment.
-
- 1. The amendment of
section 1-
-
- (a) by the insertion in
subsection (1) before the definition of "agreement" of
the following definition: <<"
'Agency' means the Agency
as defined in section I of the Intelligence Services Act,
-
1994>>;";
-
- (b) by the insertion in
subsection (1) after the definition of "scale" of the
following definition: <<"
'Service' means the Service as
defined in section I of the Intelligence Services Act, 1994>>;";
and
-
- (c) by the deletion in
subsection (1) of the definition of "the
-
National Intelligence
Services".
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2. The
amendment of the Act by the substiution for the words "National
Intelligence Serices", wherever they occur, of
the words "Agency
or the Service".
-
- 3. The amendment of
Schedule I-
-
- (a) by the deletion in
Columns I and II of the words "Department of National
Intelligence Services/Director-General: National
Intelligence
Services"; and
-
- (b) by the insertion in
Columns I and 11 after the words "National Defence Force/Chief
of the National Defence Force"
of the words "National
Intelligence Agency/ Director-General: National Intelligence
Agency" and "South African
Secret
-
Service/Director-General: South
African Secret Service".
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- 1. No. and year of law Act
No. 27 of 1981 (Republic of Bophuthatswana
-
- 2. Short title National
Security Council Act, 1981
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3. Extent of repeal or
amendment The repeal of the whole.
-
- 1. No. and year of law Act
No. 25 of 1982 (Republic of Bophuthatswana)
-
- 2. Short title
Bophuthatswana Internal Intelligence Service Act, 1982
-
- 3. Extent of repeal or
amendment The repeal of the whole.
-
- 1. No. and year of law Act
o. 7 o 7 Republic of Transkei)
-
- 2. Short title
Intelligence Service and State Security Council Act, 1987
-
- 3. Extent of repeal or
amendment The repeal of the whole.
-
- 1. No. and year of law Act
No. 31 of 1988 (Republic of Venda)
-
- 2. Short title National
Intelligence Service Act, 1988
-
- 3. Extent of repeal of
amendment The repeal of the whole.
-
- 1. No. and year of law Act
No. 1 of 1991 (Republic of Ciskei)
-
- 2. Short title Ciskei
Intelligence Service Decree, 1991
-
- 3. Extent of repeal or
amendment The repeal of the whole.
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