ATC240514: Report of the Ad Hoc Committee on General Intelligence Laws Amendment Bill on the General Intelligence Laws Amendment Bill [B40B – 2023] (Sec 75), dated 14 May 2024.
Ad Hoc Committee on General Intelligence Laws Amendment Bill (NCOP) (2024)
Report of the Ad Hoc Committee on General Intelligence Laws Amendment Bill on the General Intelligence Laws Amendment Bill [B40B – 2023] (Sec 75), dated 14 May 2024.
1.Introduction
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The purpose of the General Intelligence Laws Amendment Bill [B40B – 2023] (Sec 75) (“the Bill”) is to amend the National Strategic Intelligence Act,1994, the Intelligence Services Act, 2002, and the Intelligence Services Oversight Act, 1994, so as to amend and insert certain definitions; to provide for the establishment of the South African Intelligence Service, South African Intelligence Agency, the National Communications Centre and the South African National Academy of Intelligence; to provide for the functions of the Intelligence Service Structures; to provide for additional matters that must be regulated by the Minister; to provide for matters relating to former members of the Intelligence Services; to effect consequential amendments to other laws and to provide for matters connected therewith.
1.2. The Bill was passed by the National Assembly, transmitted to the National Council of Provinces for concurrence and referred to the Ad Hoc Committee on General Intelligence Laws Amendment Bill (“the Committee”) on 26 March 2024.
2.Ad Hoc Committee process followed in respect of the Bill
2.1. On 2 April 2024, the Committee requested inputs from provinces through the offices of the Speakers of all nine provincial legislatures. Only the Free State province submitted inputs, while other provinces did not make any submissions.
2.2. On 12 April 2024, an advert was placed in National Media calling for written submissions on the Bill, with a deadline of 12 May 2024 for the receipt of submissions.
2.3. The Committee conducted public hearings on the Bill in four provinces, namely, North West, Northern Cape, Free State and Eastern Cape, between 13 - 28 April 2024.
2.4. The Committee heard oral submissions on the Bill on 23 April 2024. Presentations were received from various organisations and individuals, namely: Congress for South African Trade Unions (COSATU), Intel Watch, Freedom of Religion South Africa (FOR SA), Mr Bavesh Padayachy (Stellenbosch Law Faculty student), Prof. Jane Duncan (Lecturer: University of Glasgow) and Mr Kgosi Motasi.
2.5. The Minister in the Presidency and State Security Agency, on 13 May 2024 briefed the Committee on the Department’s response to written and oral submissions received, and submissions made during provincial public hearings on the Bill.
2.6. On 14 May 2024, the Committee continued with deliberations on the Bill. Having been advised on the process that would have to be followed to effect amendments related to matters that would extend the subject of the Bill, the Committee reached consensus on referring the below-listed matters to the Seventh Parliament for processing.
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Amending the Secret Services Act 56 of 1978 to provide for the establishment of the Evaluation Committee within 12 months.
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Appointment of the Deputy Chairperson of the Joint Standing Committee on Intelligence (JSCI).
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Bi-annual meetings between the JSCI and the President on intelligence-related matters.
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The alignment of the JSCI's annual reporting with parliamentary reporting requirements.
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Appointment of the Deputy Inspector-General of Intelligence (DIGI).
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Empowering the JSCI to designate the IGI to provide a specific oversight function.
3.Outcome of Ad Hoc Committee’ Consideration of the Bill
The Ad Hoc Committee on the General Intelligence Laws Amendment Bill, having deliberated on and considered the subject of the General Intelligence Laws Amendment Bill [B40B – 2023] (“the Bill”), referred to it and classified by the JTM as a section 75 Bill, reports that it has agreed to the Bill [B40B – 2023].
Report to be considered.