Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 463 Cape Town 30 January 2004 No. 25961 THE PRESIDENCY No. 83 30 January 2004 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 52 of 2003: General Intelligence Laws Amendment Act, 2003. AIDS HELPLINE: 0800-123-22 Prevention is the cure GENERAL EXPLANATORY NOTE: r ] Words in bold type in square brack’ets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions existing enactments. in ( E q l i s h test signed by the President. 1 (Assented to 22 Januav 2004.) - ACT 1994, so as to empower the To amend the National Strategic Intelligence Act, hlinister to establish a panel of appeal; to amend the Intelligence Services Oversight Act, 1994, so as to define certain expressions; and to regulate the oversight of the Office for Interception Centres; to amend the Intelligence Services Act, 2002, so as effect certain technical corrections; to empower the Minister to establish a panel of appeal; and to extend the functions of the Intelligence Services 2002, so Council; to amend the Electronic Communications Security (Pty) Ltd Act, as to define certain expressions: to extend the composition of the Board; to restrict the publication of certain regulations; and to effect certain technical corrections; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of fol1ows:- the Republic of South Africa, as Amendment of section 1 ofAct 39 of 1994, as amended by section 1 ofAct 67 of 2002 1. Section 1 of the National Strategic Intelligence Act, 19514, is hereby amended- ( a ) by the substitution for the definition of “Agency” of the following definition: [established by ‘‘ ‘Agency’ means the National Intelligence Agency 1994 (Act No. 38 of section 3(1) of the Intelligence Services Act, 199411 as referred to in section 3( 1) of the Intelligence Services Act, 2002 (Act No. 65 of 2002):”; ( 0 ) by the substitution for the definition of “Service” of the followin,o definition: * ‘ ‘Service’ means the South African by section 3 of the Intelligence Services Act, 19941 as referred to in section 3( 1) of the Intelligence Services Act, 2002 (Act No. 65 of 2002);”; and ( c ) by the substitution in the definition of “National Intelli~ence Structures” for Secret Service [established c pjragraph ( b ) of the following paragraph: “(hi the intelligence division of the National Defence Force, established under the Defence Act, [I957 (Act No. 44 of 1957)] 1002 (Act No. 43 of 2002);”. 5 10 15 Act NO. 52,2003 GENERAL INTELLIGENCE LAWS AMENDMENT ACT. 2003 Amendment of section 2.4 of Act 39 of 1994, as inserted by section 3 of Act 67 of 2002 2. Section 2A of the National Strategic Intelligence Act, 1994, is hereby amended- ( a ) by the substitution in subsection (1) for the words preceding paragraph ( 0 ) of’ the following words: “The relevant members of the Nal.iona1 Intelligence Structures may conduct a security screening investigation in the prescribed manner to determine the security competence of a per& if such a person-.’; ( b ) by the substitution for the proviso to subsection (5) of the following pro\.iso: i n ”: Provided that where the gathering paragraphs (c) and ( d ) requires the interception and monitoring of the communication of such a person, the relevant members shall perform this function in accordance with the [provisions of the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992)] Regulation of Interception of Communications ;and Provision of Communication- related Information Act, 2002 (Act No. 70 of 2002).”: -- of information contemplated (c‘) by the insertion after subsection (8) of the following subsection: “(8A) The Minister responsible fol- the relevant National Intelli,cence of appeal to assist him or her i n the Structure may establish a panel consideration of an appeal lodged in terms of this Act.”: and ((1) by the substitution for subsection ( I O ) of the following subsection: ”(IO) The directives contemplated in subsection (9) shall= - ( a ) be issued with the approval of the Minister, who shall act in of Safety and Security and the consultation with the Minister Minister of Defence[,]; and [shall] 10) notwithstanding any other law, apply to all the relevant National Intelligence Structures.”. Amendment of section 1 of Act 40 of 1994, as amended by section 1 of Act 66 of 2002 3. Section 1 of the Intelligence Services Oversight Act, 1994, is hereby amended- ( a ) by the insertion after the definition of “coumter-intelligence” of the follou~ing definition: ’. ‘Director‘ means Director as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication- related Information Act, 2002 (Act No. 70 of 2002):”: ___- (hi by the insertion after the definition of “intelligence :services’* of the follo\\%~g definition: “ ‘1ntelli.cence Services Entities’ means Comsec. Office:“: and ( c ) by the insertion after the definition of “National Defence Force“ of the the Academy and the following definition: “ ‘Office’ means Office as defined Interception of Communications and Provision related Information Act, 2002 (Act No. 70 of 2002):”. in1 section 1 of the Regulation of of Communication- ~- Amendment of section 2 of Act 40 of 1994, as amended by section 2 of Act 66 of 2002 4. Section 2 of the Intelligence Services Oversight Act, 1994, is hereby amended by the substitution for subsection (1) of the following subsection: “( 1) There is hereby established a Parliamentary Committee to be known as the Joint Standing Committee on Intelligence, which shall, subject to the Constitution, perform the oversight functions set out in this Act= - I t r ) and co~.tnter-intelligetlce function\ o f in relation to the intelligence Services. which include the administration. expenditure of the Services& in respect of the administration, financial management and expenditure of the Intelligence Services Entities, and report thereon to Parliament.". the iinancial managemcnt and f h i ' Amendment of section 3 of Act 40 of 1994, as amended by section 3 of Act 66 of 2002 5. Section 3 of the lntelligence Services Oversight Act, 1993. is hereb!, amended- the substitution in paragraph (cr)(i) for item (cc) of the followin, (7 ' Item: i t / ] b!, " ( c c ) any reports issued by the Auditor-General on the affilirs ot' the Services[, Academy and Cornsec] - and the Intelligence Senice5 Entities.": f h ) by the substitution in paragraph ( ( 1 ) for subparagraph ( i v ) o f the iollo\~.ing subparagraph: "(iv) the [Minister] Ministers responsible for leach Service,] the [Academy or Comsec] Ser\.ices and the Intelli~ence S e n i c e < the budget for each Senice[, the Entities. a report regarding Academy or Comsec] or Entity for which he or she i \ re\pon- sible:": and ( ( ' 1 b!, the substitution for parap-aph ( I ) of the following paragraph: "IO to consider and report on the appropriation of revenue or moneys for the functions of the Services[. Academy and Comsec] and the lntelligence Services Entities.". Amendment of section 4 of Act 40 of 1994, as amended by section 3 of Act 66 of 2002 6. Section 4 of the Intelligence Services Oversight Act. 1994. is herrb!~ mended- i o l by the substitution in subsection (3) for the words preceding the pro\ i\o o f the follo\ving words: "The Committee may, for the purposes of the performmx of' i t 5 functions. require any Minister responsible for ;I Senice o r ;in Intelli~ence Services Entity. the Head of a Ser.rice. the CEO. the Director' or the Inspector-General[,] i t t o give e\,idencc. to to appear before produce any document or thing and ansn'er questions put t o him o r her" : and f h ) by the substitution paragraph: in subsection (3) f a r paragraph (c) of the t'ollowing " ( c ) have the right to be assisted by members of [that Service, the be] the Senice\ 01- as the. case may Academy or Comsec, Intelligence Services Entities in question..". Amendment of section 7 of Act 40 of 1994, as substituted by section 7 of Act 66 of 2002 7. Section 7 of the Intelligence Services Oversighl. Act. 1993. is hereby amended- f r r ) by the substitution in subsection (7) for the words preceding paragraph 1 ( / ) of the following words: "The functions of the Inspector-General are. i n relation t o the [Service] Services-'.; ( h i by the substitution in subsection (7) for paragraph ( d ) of the following paragraph: " ( d ) to submit the certificates [to every Minister responsible for Service pursuant to] contemplated in subsection ( I 1 ) ( ( ' I e a relevant Ministers;"; and 50 ( L . ) by the insertion after subsection (12) of the following subsection: "( 12A) The National Commissioner of the South African Policz Service and the Chief of the South African National Defence Force ma\. if requested by the Inspector-General. second emplovee\ o f the Ser\.icc. or the Force, as the case may be. to the office of the Inspector-Gentrd with the consent of the employees concerned and in tcrms of the L I V ~ yoverniny the secondment in question.". 5 Amendment of section 1 of Act 65 of 2002 8. Section 1 of the Intelligence Services Act. 2002. is hereby amended- ( ( I ) b!. the substitution for the definition of "counter-intelligetlcc" o f thr I O following detinition: i n sec- " 'counter-intelligence' means counter-intelligence as detincd tion 1 of the National Strategic Intelligence Act. 1991 (Act No. 39 ot' 1994):"and ( h ) by the substitution for the definition of "former member" o f the f o l l o u ins 15 definition: 'former member' means any member of the Intelligence Senices o r * ' the Academy whose services have -- been terminated for any reason:". Amendment of' section 10 of Act 65 of 2002 9. Section I O of the Intelligence Services Act. 2002. is hereby amended- ( r r ) by the substitution for subsection (2) of the following subsection: 2 0 "(2) The Director General concerned or the Chief Executi\e OffccrI as the case may be, may, in a prescribed to thr. [directions] approval of the Minister and the provisions o f this Act. [make such rules and] issue [such directions as he or she mag deem 25 expedient for the efficient command and control of the Intelligence Services or the Academy, as the case may be] functional directi\.eh applicable to- rnanner and subject ( a j conditions of service and human resources 7 of the lntelligence Services or the Academy, as the case may be: Prn\,ided that huch 3 0 functional directives must be submitted to the Intelligence Ser1,ict.s I Council for consideration: and - 10) any other matter he or she may deem expedient for the efticirnt command and control of the Intelligence Services or the Academ!. as the case may be."; ? - .> 3 ( 1 7 ) by the substitution in subsection (3) for the n w d s preceding paragraph ( r r l o f the following words: concerned [or the Chief Executive Oficer] "The Director-General may, in a prescribed manner, subject to the approval of the Minister and the provisions of this Act. issue functional directives applicable and to--": 10 ( ( , I by the deletion in subsection (3) of paragraph ( e ) . Amendment of section 11 of Act 65 of 2002 10. Section 1 1 of the Intelligence Services Act, 2002. is hereby amended- ( t r ) by the substitution in subsection ( 2 ) for the words preceding paragraph ( ( 1 ) of 45 the following words: "If a designated judge as defined in section 1 of the [Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992)] Reyulation of Interception of Communications and Provision of Communication- related Information Act, 2002 (Act No. 70 of :2002), is satisfied. on the SO grounds mentioned in a written application complying \vith directives issued under subsection (5). that--": ~- and I O No. 75961 GOVE.RNME~I‘GX%tTTt. .:il 1 4 \ 1 -\X) 7(KU _____ Act No. 52.2003 GENERAL INTELLIGENCE LAWS AMENDMEN‘T .ACT. XO.? ( h ) by the substitution paragraph: in subsection ( 3 ) for paragraph ( h ) of the following “ ( b ) A direction referred to in p a g r a p h ( a ) may be executed b! a member of the Intelligence Services who is authorised to do 5 0 b!, a senior member of such Intelligence !Services holding a post of a t Ieayt ;I [director] General Manager.”. Amendment of section 12 of Act 65 of 2002 11. Section 12 of the Intelligence Services Act., 2002, is hereby amended by the substitution in subsection ( 2 ) for paragraphs (u), ( b ) and (c) of the following parayaphs. respectively: “(a) acquire [or hire] any immovable prope’rty, with or without any building4 is necessary for the efficient functioning of the Intelligence thereon which Services or the Academy, and erect or maintain any buildings on the propert!’ so acquired and, [with the concurrence of the Minister of Finance] wbject to section 70 of the Public Finance Management Act, 1999 (Act No. I ot 19991, supply guarantees, indeminities and securities for those purposes: sell or otherwise dispose of immovable property which is no lonyer required for any purpose contemplated in paragraph ( a ) ; acquire [and]. hire or utilise any movable property and any other equipmrn~ which may be necessary for the efficient functioning of the Intelligence Services or the Academy; [with the concurrence of the Minister of Finance,] sell. let or othenvise dispose of [any immovable property, with thereon, and] anything [referred to] contemplated in paragraph [ ( h ) ] w. which is no longer required for the said purposes.”. or without any building Amendment of section 14 of Act 65 of 2002 12. Section 14 of the Intelligence Services Act, 2002. is hereby amended- ( a ) by the substitution in subsection (2) for the proviso of the following pro\ isv: ‘.: Provided that where the gathering of information contemplated i n paragraphs ( c ) and (d) requires the interception and monitoring o f the communication of such a person, the Intelligence Services must perfornm this function in accordance with the [provisions of the Interception and hlonitoring Prohibition Act, 1992 (Act No. 127 of 1992)l Reyulation of Interception of Communications and Provision of Communication- related Information Act, 2002 (Act No. 70 of 2002).”; ( h ) by the substitution in subsection (7) for the words preceding paragraph ( ~- o f ( I ) the following words: “If the certificate referred to in subsection [(2)] ( 5 ) is withdra\vn. (such] - the member concerned is deemed unfit for further membership of the Intelligence Services or the Academy. as the case ma!. be. and the Minister may--”; (c) by the substitution in subsection (8) for paragraph ( u ) of the follotving paragraph: “ ( a ) A person whose security clearance has been degraded. withdrawn - or refused by the Director-General may. in the prescribed manner. appeal to the Minister.”; (dl by the substitution for subsection (10) of the following subsection: *‘( 10) All the provisions regarding security screening investigatims. applicable to a person contemplated in subsection ( l ) , [applies] q& to - the security in subsection (9).”; and [members] =ember contemplated screening of (e) by the addition of the following subsection: I “( 11) The Minister may, in a prescribed manner, for the purposes of panel of appeal to any appeal lodged in terms of this Act, establish a assist him or her to consider (appeal.”. any such 55 Amendment of section 20 of Act 65 of 2002 13. Section 20 of the Intelligence Services Act. 2002. i\, hereby amended h! thc substitution for subsection ( 1 ) of the following subsection: "( 1) The Minister may in writing and on such conditions ;IS he 01- \he ma! dc.tXn1 tit delegate any power conferred upon or duty assigned t o him o r her h! thi. Act. excluding any power conferred upon or duty a!;signed Ito him o r her I?! \ection\ 4 INcri and f h ) . S( I ) . (2)1u) and (4)fc). 6(2). 9 ( 3 ~ land], & ( 7 ) and ( 3 ) . 12(1)[,1 and ( 2 ) f a ) and [(c)] f b ) . 1 3 3 ) . 146). ( 7 ) . ( 8 ) [and], ( 9 ) (11). 15[l](bl and (cj%(2). 17(2). 1 8 ( 3 ) . ~ [ ( l ) a n d ] (4). ? I ( ? ) . 2 3 1 ) . ( 5 ) ;unci (7). 2?(3)io)(i) and (ii). 28(2), 30 and 37, to the Director-General concerncct. thc Chiel' Executive Officer or any other member of the Intelligence Senice\ 0 1 . lhc Academy. as the case may be.". (4). ( 5 ) . ( 8 ) and ( 9 ) . I O ( 1 5 I O Amendment of section 22 of Act 65 of 2002 14. Section 22 of the Intelligence Services Act. 2002. i \ hereby ;mended- ( ( 1 1 b) the insertion in subsection (3) after paragraph paragraph: (/)) of the t o l l o u ins "/bA) to promote measures and set standards to encure the cfl.ecti\ e and efficient performance and imp18:nwntation of policies on human resources within the Academ!. o r the Intelliyence S e n ice\. a \ the case may be. and to make reco;l~~nlendatiol~s by the substitution in subsection ( 3 ) ( c ) for the \wrd?, preceding suhparagaph t o the hlini\ter:": ( h ) ( i ) of the following words: "for the purposes of making recommendation\ paragraphs ( a ) [and]. ( b ) and (hA)--": Llnd ( ( ' I b!, the addition of the following subsection^,: a \ contc.n~plated i n 1 i 2 0 -. T i "(8) The Intelligence Services Council- i.s accountable to the Minister: and ((/) ((7) must at the end of each financial year submit ;I report on it\ X ~ I \ Minister. and findings to the ( 9 ) ( n i The Minister must submit thr report referred t o i n \Llh\c.ct1on I 30 ( 8 ) ( b ) t o the Joint Standing Committee on Intelli~ence and I O ~ h c , Minister for the Public Service and Adlninistra1:ion. itit.\ 1 I Ih) The report must not contain confidential irlformation that \\ o u l d bc. detrimental to national security.". Amendment of section 26 of Act 65 of 2002 .> 7 - ? 15. Section 16 of the Intelligence Services Act. 2002. is hereby :une~drd h! the substitution i n subsection ( 1 for paragraph (g) of the r'ollo\ving parayraph: " ( g i being a member. discloses classified information unauthorised person without the permission cerned or the Chief Executive Officer, as the case nna!' or material t o an of the Director-GenrnII co11- be.". 4 1 Amendment of section 37 of Act 65 of 2002 16. Section 37 of the Intelligence Services Act. 2002. is hereby amended b!, the substitution for subsection (2) of the following subsection: lllust- " ( 7 ) Regulations contemplated in paragraphs / / ? I and ( c ) o f d x e c t i o n ( I I ( 0 ) as far as possible. be consistent with the ceneral principles and objectives of the Medical Schemes Act. 1998 (Act No. 13 1 of I998 ): and ~- (hl be made in consultation with the Minister responsible for the administration o f 45 the Medical Schemes Act, 1998 (Act No. 13 I of 19913):'. Amendment of section 1 of Act 68 of 2002 17. Section 1 of the Electronic Communications Security (PtJ') Ltd Act. 2003. i h hereby amended- ( a ) by the substitution for the definition of "communication" of the t o l l o \ \ ing definition: " 'communication' means communication as defined in section 1 o f the Regulation of Interception of Communications and Provision of C o n - munication-related Information Act. :IO02 (Act No. 70 of 2002):": and ( b ) by the insertion after the definition of "this Act" of the following definition: " 'verification services' means services designed to identify the oriyin (11' the integrity of an electronic communications security product. system o r service.". Amendment of section 9 of Act 68 of 2002 18. Section 9 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby amended- ((1) by the substitution in subsection (1) for the words preceding paragraph ( ( I J of the following words: "The Board is made up whom-" : of not mlore than [nine] 12 mrmber\ of - 7 1 0 15 ( b ) by the substitution in subsection (1) for paragraph ( ( 1 , of the foIlo\\.in~ 20 paragraph: ~- "(a) one is designated by the Minister as non-executive chairperson:": ( c ) by the substitution paragraph: in subsection (1) for paragraph ( c ) of the follo\\,ing " ( c ) the rest are additional non-executive members. consisting 0 1 ' ~ 3 (i) one person representing the Department of Communication\: (ii) one person representing the National Treasury: and (nl> persons [approved by the Minister] appointed on the [basis] ( d ) by the insertion grounds of relevant expertise.": after subsection ( 1 ) of the following subsections: and .X) "( 1 A) The Minister must designate one of the non-executive memhers referred to in subsection (l)(c) as the deputy chairperson of the Board. ~ who must act in the place of the chairperson if he or she is unable to perform his or her functions as chairperson. (1B) For each non-executive member of the Board contemplated ill 35 subsection (l)(c). the Minister may appoint an alternate. who may attend and vote at meetings of the Board on behalf of the non-executi\.e member if that member is unable to attend. (IC) The term of office of an alternate member is the same of that of the non-executive member in respect of whom he or she is appointed and 10 such alternate member vacates member vacates office. other I conditions of appointment applicable tlo non-executive members of the 1 Board apply with the necessary (1D) Sections 10, 11, 12 and 16 regarding remuneration and office if the relevant non-executive changes to alternate members.". 45 Amendment of section 14 of Act 68 of 2002 19. Section 14 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby amended by the addition of the following subsection: "(5) Notwithstanding any other law, the directors and employees of Comsec may be members of any medical scheme established in terms of the Intelligence 50 Services Act, 2002 (Act No. 65 of 2002).". ~ Act No. 52.2003 GENERAL INTELLIGENCE LAWS AMENDMENT ACT. 2003 Amendment of section 17 of Act 68 of 2002 20. Section 17 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby amended by the substitution for subsection (3) of the following subsection: "(3) The Board must make its request within -- six months [after Comsec's incorporation] of the incorporation of Comsec, and thereafter [in] every [second year] two years.". 5 Amendment of section 22 of Act 68 of 2002 21. Section 22 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby amended by the addition of the following subsection: " ( 3 ) A regulation made under this Act may not be published in the Gllzertc. if 10 such re~ulation- ( n i relates to the conditions of service of the employees or members of the Board of Comsec; or ( h ) is likely to compromise national security.". of Amendment 23 section of Act 68 of 2002 22. Section 23 of the Electronic Communications Security (Pty) Ltd Act. 2001. is hereby amended by the substitution in subsection ( 1 ) for paragraph f h l of the following paragraph: " ( / I / contravenes section 7(6) or 17(1) or (2):". of Repeal 26 Act section of 68 of 2002 23. Section 26 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby repealed. Repeal of Schedule 1 to Act 68 of 2002 24. Schedule 1 to the Electronic Communications .Security (Pty) Ltd Act. 2002. is IS 20 hereby Amendment of laws repealed. 25 25. ( 1 The law mentioned in the first column of Sche,dule 1 is hereb), amended t o the extent set out in the third column of that Schedule. ( 2 ) The laws mentioned in the first column of Schedude 2 are hereby amended to the extent set out in the third column of that Schedule. 30 Short title and commencement 26. ( 1 ) This Act is called the General Intelligence Laws Amendment Act. 2003. and. subject to subsections (2). (3) and (4). comes into operation on a date fixed by the President by proclamation in the Goletre. (2) Sections 23 and 24 must be regarded as h a v i q cvme into operation on 27 35 February 2003. ( 3 ) Section 2 3 1) must be regarded as having come into operation immediately after the Intelligence Services Act. 2002 (Act No. 65 of 20021). came into operation. (1) Section 2X2) must be regarded as having come into operation on 1 8 February 2003. 10 18 No. 25961 GOVERNMENT GAZETTE. 30 JXNUAR1' N ( 1 - 1 Act No. 52,2003 GENERAL INTELLIGENCE LAWS AMENDMENT ACT, 2003 SCHEDULE 1 LAW AMENDED (Section 25(1)) Yo. and year of Act Short title - Extent of amendment 'roclamation No. 103 of 1994 'ublic Service Act, 1994 1 , The amendment of section l(1) by- (a) the substitution for the definition of "Agency" of the following definition: '' 'Agency' means the Agency as defined in sec- tion 1 of the Intelligence Services Act. 2002 (Act No. 65 of 2002);"; and (b) the substitution for the definition of "Service" of the following definition: '' 'Service' means the Ser- vice as defined in section I of the Intelligence Services Act, 2002 (Act No. 65 of 2002):". - 2. 'The amendment of section 2 by the substitution for sub- jection (3) of the following subsection: "(3) Where persons em- )toyed in the [Intelligence services or the] Academy, he Agency or the Service are lot excluded from the provi- ;ions of this Act. those provi- ;ions shall apply only in so Bras they are not contrary to he laws governing their ser- dice, and those provisions ;hall not be construed as lerogating from the powers o r iuties conferred or imposed lpon the [Intelligence Ser- rices or the] Academy& or the Service.". %"cy !. The amendment of section i by the substitution in sub- ,ection ( 1 ) I N ) for subpara- :raph (iii) of the following ubparagraph: '(iii) in the [Intelligence Services or the] Acad- emy. the Agency or the Service: and". Act Nu. 52.2003 GENERAL INTELLIGENCE LAWS AMENDXIENT .ACT. 2 0 0 : SCHEDULE 2 LAWS AMENDE:D (Section 25(2)) No. and year of Act Short title Act N o . X 1 of I969 Security Services Special Ac- count Act, 1969 "Investment of balances 22 No. 25961 GOVtRNMENI' GAZETTt. 3 0 LA\\ - 4 1 0 l O t l i Act No. 52,2003 GENERAL INTELLIGENCE LAWS AMESNDMEN'T ACT. 2003 Vo. and year of Act Short title Extent of amendment k t No. 84 of 1982 Protection of Information Act, 1982 I. Amendment o f acc't~on 1 h! the suhstitutlon tor the Jclini- tion of "security mutwr" ot the following detinition: 'security matter' includes * ' any matter njhich i.; dealt with by- ( u r c o m s e c a4 defined i n x c - tion I of the E1ect:onic I Lct NO. 66 of 1995 t Labour Relations Act. I995 ,ct No. 75 of 1997 ~ Basic Conditions of Employ- ment Act, 1997 I . Amendment of .\ect1m I h! .he addition to the detinltlon A' "public ser\,ice" o f the 'oollowinf paragraph: "(P) Comscc.". 2 . Amendment of section 3( I j ~y the addition of the t l o ~ - ng paragraph: '.(I-) - the directors and stafl of ' o l Comsec.". Act No. 55 of 1998 9ct No. 131 of 1998 Vledical Schemes Act, 1'998 t ~ Extent of amendment I. Amendment of section I h! the addition to the detinition of "public service" of the following paragraph: " ( e ) Comsec.". Z!. Amendment of section 4 h!, the substitution for suhsection (3) of the following subsec- tion: "(3) This Act does not ap- ply to members of the Na- trona1 Defence Force, the Na- txonal Intelligence Agent!.. the South African Secret Service or the South African National Academy of Intelligence ~ @e directors and staff of Comsec." r 1. Amendment of section I hk the insertion after the defini- tion of "complaint" of the following definition: ' I 'Comsec' means Electronic communications Security Y t y ) Ltd established by sec- Eon 2 of the Electronic Coni- munications Security (Pty) Ltd Act. 3002 ( 4 c t No. 68 o f 2002);". -- l. Amendment of section 2 h> .he substitution for subsection 13) of the following subset.- ion: "13) Notwithstanding the Jrovisions of subsections ( 1 md (2). this Act shall not ap- 1l.y to the Agency, thc Acad- :myl [and] the Service and - he directors and statf o f Zomsec.".
