Intelligence Services Oversight Act

35 Service, which decision of the Committee shall be final. · (3) The Committee may, for the purposes of the performance of its functions, require a Minister, the Head of a Service or the Inspector-General of a Service to appear before it to give evidence, to produce any document or thing and answer questions put to him or her: Provided that such person shall- (a) be given reasonable notice of such appearance; · (b) be given reasonable details regarding the purpose of such appearance; 40 · and · . · (c) have the right to be assisted by members of that Service.· Secrecy · 45 5. (1) The Committee shall conduct its functions in a manner consistent with the protection of national security. (2) No person shall disclose any intelligence, information or document the publication of which is restricted by law and which is obtained by that person in the performance of his ·or her functions in terms of this Act, except- · 50 (a) to the extent to which it may be necessary for the proper administration of any provision of this Act; (b) to any person who of necessity requires it for the performance of any function in terms of this Act~ 55 (c) with the written permission of the chairperson, which permission may be given only with the concurrence of the Head of a Service and the Inspector-General concerned; or (d) as prescribed by regulation. GOVERNMENT GAZETIE, 2 DECEMBER 1994 ·COMMITIEE OF MEMBERS OF PARLIAMENT ON AND INSPECTORS-GENERAL OF INTELLIGENCE ACT, 1994 No. 16129 11 Act No. 40, 1994 (3)Any person who contravenes a provision of subsection (1) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding five years.: '. Report to Parliament . 5 6. (1),The Com~ittee shail~.~ithin two months affer 31 Mar~h in each year, submit to the President and to each Minister. concerned a report on the activities of the Committee during the preceding year, together with the findings made by it and the recommendations it deems appropriate, and the President shall .cause such report to be tabled in Parliament within 15 days of session of Parliament 10 after the report was submitted to him or her. . . (2) The . Committee may at . the. request of the President or the Minister concerned or at any other time which the Committee deems necessary, furnish the President or such Minister with a special report concerning any matter relating to the performance of its functions.

15 Inspector-General . 7. (1) The President shall appoint for each Service an Inspector-General of Intelligence- , . . . . ·. (a) nominated by the. Committee; and (b) approved by the National Assembly imd the Senate by a resolution adopted by a majority of at.least 75 per cent of the members present and voting at a joint meeting: . . . . . . . · · . . . . . . . 20 . . 25 proper person to hold such office. Provided thatif any nomination is not approved as required in· paragraph (b), the Committee shall nominate another person. . (2) An Inspector-General shall be a South African citizen who is a fit and . (3) The remuneration and other conditionsof employment of an Inspector General shall be determined by. the President with the concurrence of the Committee . imd such remuneration shall not 'be reduced, nor shall ·such conditions be adversely altered during his or her term of office. . . : · . . . . .. .. 30 (4) An Inspector-General may be removed from office by the President, but only on the grounds of misbehaviour, incapacity or incompetence determined by the Committee. · . · .. (5) An Inspector-General who is the subject of an investigation by the · Committee in terms of . subsection ( 4). may be suspended by the President . · .. 35 pending a decision in such investigation. . , , . . . (6) An Inspector-General shall be responsible to the President. (7) The functions of an Inspector~General are, in relation to the Service in respect of which he or she is appointed-· · · ·. 40 to monitor compliance by the Service with its policies; (a) (b) to review the activities of the Service; (c) to perform all functions designated to him or her by the Minister concerned; · · · . (d) to submit certificates to the Minister concerned pursuant to subsection . . . . . (e) ·. . ' · 45 . (ll)(c); and to submit reports to the Committee pursuant to section 3(1)(/) . . · (8) Notwithstanding anything to the contrary contained in any other law or the common law, an Inspector-General shall have access to any intelligence, information or premises under the control of the Service in respect of which he or she has been appointed if such access is required by the Inspector-General for 50 the performance of his or her functions, and he or she shall be entitled to demand from the Head of the Service and its employees such intelligence, information, reports and explanations as the Inspector-General may deem necessary for the performance of such functions. . (9) No access to intelligence, information or premises contemplated in 55 subsection· (3) may be withheld from an Inspector-General on any ground. (10) An Inspector-General- ( a) shall comply with all security requirements applicable to the employees of the Service in respect of which he or she has been appointed; and (b) shall serve impartially and independently and perform his or her functions in good faith and without fear, favour, bias or prejudice. 60 GOVERNMENT GAZETTE, 2 DECEMBER 1994 COMMITIEE OF MEMBERS OF PARLIAMENT ON AND INSPECTORS-GENERAL OF INTELLIGENCE ACT, 1994 No. 16129 13 Act No. 40, 1994 (11) (a) Each Head of a Service shall, in respect of every period of 12 months or such lesser period as is specified by the Minister concerned, submit to that Minister, at such times as the Minister may specify, a report on the activities of that Service during that period, and shall cause a copy of such report to be 5 submitted to the Inspector-General appointed for that Service. ·(b) (i) Each Head of a Service shall report to the Inspector-General appointed for that Service regarding any unlawful intelligence activity or significant intelligence failure of that Service and any corrective action that has been taken or is intended to be taken in connection with such activity or failure. (ii) A Head of a Service shall submit the report referred to in subparagraph (i) to the Inspector-General concerned within a reasonable period after such unlawful intelligence activity or significant intelligence failure came to his or her attention. 10 (c) As soon as practicable after receiving a copy of a report referred to in 15 paragraph (a), an Inspector-General shall submit to the Minister concerned a certificate stating the extent to which such Inspector-General is satisfied with the report and whether anything done by that Service in the course of its activities during the period to which the report relates, in the opinion of such Inspector General- (i) (ii) is unlawful or contravenes any direction issued by that Minister; or involves an unreasonable or unnecessary exercise by that Service of any of its powers. 20 (d) As soon as practicable after receiving a report referred to in paragraph (a) and a certificate of the Inspector-General referred to in paragraph (c), the

25 Minister concerned shall, subject to section 4(2), cause the report and certificate to be transmitted to the Committee. (12) The Minister responsible for a Service may, after consultation with the Inspector-General concerned, appoint such persons as may be necessary for the performance of the functions of that office of the Inspector-General, on such 30 conditions of employment as are applicable to members of that Service. Regulations

8. The President may make regulations as to all matters which are necessary or expedient for the achievement of the purposes of this Act, including but not limited to- (a) the procedures to be followed regarding the hearing of evidence and the powers of the Committee in regard thereto; (b) an oath or affirmation of secrecy to be subscribed by members of the 35 Committee, and staff appointed in terms of section 7(12); (c) anything which shall or may be prescribed under this Act.

40 Short title and commencement

9. This Act shall be called the Committee of Members of Parliament on and Inspectors-General of Intelligence Act, 1994, and shall come into operation on a date fixed by the President by proclamation in the Gazette.