Intelligence Division may, whenever the President on the advice of the Minister
The Intelligence Division may gather domestic military intelligence covertly only when the stated authorisation conditions are met. Departments of State that receive relevant national security intelligence must pass it on without delay.
60 Intelligence Division may, whenever the President on the advice of the Minister 45 50 55 GOVERNMENT GAZETfE, 2 DECEMBER 1994 No. 16128 9 NATIONAL STRATEGIC INTELLIGENCE ACT, 1994 Act No. 39, 1994 of Defence is of the opinion that conditions are such that the said Force has to prepare itself for possible employment for service referred to in section 227(1)(e) of the Constitution and upon having been authorised by the Co-ordinator for Intelligence acting with the concurrence of Nicoc · and the Cabinet, gather · 5 domestic military intelligence in a covert manner within the geographical area and the time-scales specified in such authorisation. (3) It shall be the duty of any department of State that comes into possession of national security intelligence or information whiCh may be of value in the preparation of the national intelligence estimate referred to in section 4(2)(c) to 10 transmit such intelligence and information without delay to the relevant service forming part of the National Intelligence Structures, with an indication of the reliability of the source of such information. (4) Subsection (3) shall not be construed as affecting the continued existence and functioning or the establishment of any intelligence service by any depart- 15 ment. of. State for. the purpose of performing its departmental intelligence functions under this Act. Establishment of National Intelligence Co-ordinating Committee , ' ' , , I • - · . • ' - • 4. (1) There is hereby established: a National Intelligence Co-ordinating Committee,· which shall consist of- · 20 (a) the Co-ordinator for Intelligence appqinted under section 5; (b) the Director-General of the Agency; (c). the chief of the Intelligence Division of the National Defence Fprce; (d) the head of the National InvestigationService·of the South African · 25 (e) · Police Service; the Director-General of the Service, · · ·. ' · · · or their alternates, and such members of departments of State wno are co~opted by Nicoc on a permanent or an ad hoc basis. . (2) It shall be the function of Nicoc..:...... . . . ' ' · · · · . . 30 35 (a)' to co-ordinate the intelligence supplied by the members of the National Intelligence Structures to Nicoc and interpret national strategic intel ligence for use by the State and the Cabinet for the purposes of- (i) the detection and identification of any threat or potential threat to the national security of the Republic; the protection and promotion of the national interests of the Republic; (ii) (iii) advising' the Cabinet; (b) for the purposes of the functions contemplated in paragraph (a) to (i) co-ordinate and prioritise intelligence activities within the National Intelligence Structures; 40 (ii) advise the Cabinet on the intelligence policy and functions within the National Intelligence Structures; 45 50 (c) to prepare and interpret a national intelligence estimate for purposes referred to in paragraph (a) for consideration by the Cabinet; (e) (d) to produce and disseminate current intelligence which may have an influence on any state policy with regard to matters referred to in paragraph (a); to formulate for approval by the Cabinet, a policy relating to national strategic intelligence and, after consultation with the departments of State entrusted with the maintenance of the security of the Republic, to co-ordinate the flow of national security intelligence between such departments; and to make recommendations to the Cabinet on intelligence priorities. (f) (3) The Agency shall provide the logistical, technical and administrative support of Nicoc.