General Intelligence Amendment Bill: voting by NA

Meeting report

AD HOC PORTFOLIO COMMITTEE ON THE GENERAL INTELLIGENCE LAW AMENDMENT BILL; AD HOC SELECT COMMITTEE ON THE GENERAL INTELLIGENCE LAW AMENDMENT BILL: JOINT MEETING
18 October 2000
GENERAL INTELLIGENCE LAW AMENDMENT BILL: VOTING

Relevant Documents:
General Intelligence Law Amendment Bill [B36-20]
Ministry's Proposed Amendments to General Intelligence Law Amendment Bill (see Appendix 1)

Chairperson: Ms N N Mapisa-Nqakula

SUMMARY
The committee proceeded with formal considerations of the Bill. Initially the committee spent some time on the first clause. The Chair however felt that they were spending too much time per clause and put a stop to this. The committee dealt with the rest of the clauses very expeditiously and unanimously agreed to them. The Portfolio Committee then proceeded to vote on the Bill as a whole and it was adopted.

MINUTES
The Chair stated that they would formally go through the Bill clause by clause inclusive of amendments and thereafter vote on the Bill as a whole.

Clause 1
Mr Mahlangu (ANC) suggested that they remove the phrase, "in a private capacity and" from the definition of a private investigator as it is suggested in the amendments document. Ms Olckers (NNP) agreed with Mr Mahlangu. The committee agreed to amend the proposed amendment.

The Chair stated that they are wasting time by bringing up new issues that are not significant. This was not the route that they were supposed to take. She stated that they were supposed to only check the amendments to see whether the proposed changes had been made.

Mr Green (ACDP) agreed with her and stated that they should only check on the spirit of each clause.

Clauses 2 to 24
The committee went through the Bill clause by clause without any delays. The committee members were unanimously in agreement on Clauses 2 to 24.

Voting
The Chair reminded the committee that procedurally only members of the Portfolio Committee are allowed to vote at this stage. Only once the Portfolio Committee has passed the Bill and the Bill has been formally referred to the NCOP, may the Select Committee vote on the Bill.

The Portfolio Committee accepted the Bill as amended.

The Chair adjourned the meeting.

 

REPUBLIC OF SOUTH AFRICA

AD HOC COMMITTEE ON THE GENERAL INTELLIGENCE LAW

AMENDMENT BILL: AMENDMENTS AGREED TO
GENERAL INTELLIGENCE LAW AMENDMENT BILL
[B36-2000]
As agreed to by the Ad Hoc Committee on the General Intelligence Law
Amendment Bill)

AMENDMENTS AGREED TO: GENERAL INTELLIGENCE LAW
AMENDMENT BILL
[B36-2000)

CLAUSE I
On page 1, after line 7, to insert:
the insertion after the definition of "Director-General" of the following definition:
"former member" means any member of the Agency or the Service whose services have been terminated for any reason"
the insertion after the definition of "former member" of the following definition:
"Intelligence Review Board" means the Intelligence Review Board established by section 22B:
On page 1, after line 11, to insert:
the insertion after the definition of "Minister" of the following definition:
"person" includes-
(a) a natural person;
(b) a partnership;
(c) a business trust;
(d) a foundation;
(e) any company or close corporation incorporated or registered in terms of any law; or
(f) any other body of persons corporate or unincorporated;

On page 1 to insert:
the insertion after the definition of "person" of the following definition:
"polygraphist" means a person who. in order to ascertain. confirm or examine in a scientific manner the truthfulness or otherwise of statements made by another person, uses skills and techniques in conjunction with any equipment and instrument designed or adapted for this purpose;

In the principal Act to insert after the definition of "prescribed" the following definition:
"private investigator" means a person in a private capacity and who for the benefit of another
person -
(a) investigates and furnishes information regarding the identity,
actions, whereabouts, movements, affiliations, associations, habits,
personal character, reputation, trustworthiness, loyalty, occupation, previous employment, integrity, creditworthiness, transactions, financial position, life history or background of another person without the consent or knowledge of such a person;
(b) searches for someone who has or is alleged to have committed any crime, delict, breach of contract or other wrongful act, or for any evidence of such wrongdoing;
(c) searches for missing persons, property or other assets, or investigates the costs or responsibility for accidents, injuries or damage; or
(d) conducts surveillance or counter-surveillance;

the insertion after the definition of "private investigator":
"security equipment" means, but is not limited to the following security equipment:
(a) an alarm system;
(b) a safe. vault or secured container;
(c) satellite tracking;
(d) closed circuit television,
(e) other electronic monitoring or surveillance equipment;
(f) intrusion detection, access control, bomb detection, fire detection, metal detection, x-ray inspection and telephone security equipment.
used for the protection or safeguarding of persons or property;

the insertion after the definition of "security equipment" the definition:
"security service" means, but is not limited to the following services or activities:
a) protecting or safeguarding a person or property in any manner
b) giving advice on the protection or safeguarding of a person or property, or on the use of security equipment or the services of a private investigator;
c) providing a reactive or response service in connection with the safeguarding of a person or property in any manner;
d) providing a service aimed at ensuring order and safety at premises used for sporting, recreational, entertainment or similar purposes;
e) manufacturing, importing, distributing or advertising of monitoring devices contemplated in section 1 of the Interception and Monitoring Prohibition Act. 1992 (Act No. 127 of 1992);
f) performing the functions of a private investigator;
q) performing the functions of a polygraphist;
h) installing, servicing or repairing security equipment;
monitoring signals or transmissions from electronic security equipment;
i) performing the functions of a locksmith;
k) making a person or the services of a person available, whether directly or indirectly, for the rendering of any service referred to in paragraphs (a) to (k) and (m) to another person;
I) managing, controlling or supervising the rendering of any of the services referred to in paragraphs (a) to (I);
m) creating the impression in any manner that one or more of the services in paragraphs (a) to (m) is rendered.

CLAUSE 2

1. On page 1, after line 15, to insert:
"The following section is hereby substituted for section 3 of the principal Act:
Continued Existence of Agency and Service
3(1) There exists in the Republic the Agency and Service, as the case may be, which consists of persons who became members at the commencement of this Act on 1 January 1995 and those persons appointed as members in terms of the provisions of this Act after commencement
2. On page1, to omit line 16
3. On page 1, to omit line 17
4. On page 1, to omit line 18
5. On page 1, in line 19 to omit "(3)" and to substitute "(2)"

CLAUSE 3

1. On page 3, in line 12, after "document" to omit "purporting to have been"

CLAUSE 4

1. On page 3, in line 21, after "command" to omit, "superintendence"
2. On page 3, in line 26, after "command" to omit, "superintendence"

CLAUSE 6

1. On page 4, from line 2, to omit clause 7 and to substitute:

"7(a) A member shall have the right to retire and shall be so retired on the date when he or she attains the age of 60 years: Provided that a person who is an employee on the day immediately before the commencement of the General Intelligence Law Amendment Act, 2000 has the right to retire on reaching the retirement age or prescribed retirement date provided for in any other law applicable to him or her on that day.
(b) If such a member attains the said age after the first day of a month, he or she shall be deemed to have attained it on the first day of the following month.
(c) If it is in the public interest to retain a member in his or her post beyond the age at, which he or she is required to be retired in terms of subsection (1), he or she may with his or her consent, with the approval of the Minister be so retained from time to time, for further periods which shall not, except with the approval. of Parliament granted by resolution, exceed two years".

CLAUSE 8

1. On page 4, in line 32, after "exceeding" to omit "30" and to substitute "14"
2. On page 4, from line 33 to omit "on account of misconduct"
3. On page 4, in line 38 after "permission" to omit "and" and to substitute "or"
4. On page 4, in line 40 after "exceeding" to omit 30 and to substitute "14"

CLAUSE 9

1. On page 5, in line 5, to omit "in"
2. On page 5, in line 6, to omit "the case of misconduct or inefficiency" and to substitute "as prescribed"

CLAUSE 10

1. On page 5, in line 13, after "3(2) to insert "(a) and (c)"
2. On page 5, in line 13, after "12(1) to omit "(a) (ii) and"
3. On page 5, in line 14, after "21," to omit "22A(2)" and to substitute "22B, 22E, 22F and 22G"

NEW CLAUSE

1. On page 5, in line 23, to insert:
"Repeal of section 14 of Act 38 of 1994
11. Section 14 of the principal act is hereby repealed."

CLAUSE 11

1. On page 5, in line 23, after "of" to omit "1944" and to substitute "1994"
2. On page 5, in line 27, after "38" to insert "of 1994"

NEW CLAUSE

1. On page 5, in line 29 to insert:
"Repeal of section 18 of Act 38 of 1994
14. Section 18 of the Act is hereby repealed."

CLAUSE 15

On page 6, in line 59, after "22A" to insert "22B, 22C(1), 22D and 22E(1)

CLAUSE 16

1. On page 7, from line 3, to omit clause 16 and to substitute-
Disclosure of classified information by former members of the Agency or Service

22A. (1) A former member may not disclose in any form or any manner any information or material to any other person unless -
(a) the person to whom the information or material is disclosed is authorised by the Director-General to receive
(b) the Intelligence Review Board has granted permission for the disclosure of the information or material.

(2) Subsection (1) applies to any information or material received by the former member during, or subsequent to, the former member's employment or other service with the Agency or Service -
(a) that was marked as classified or that the former member knew or ought reasonably to have known was classified;
(b) that the former member knew or ought reasonably to have known was in the process of being classified at the time of disclosure.


Establishment of Intelligence Review Board

22B. (1) An Intelligence Review Board is hereby established, consisting of not less than three but not more than five persons appointed by the Minister of whom one shall be designated by him or her as the chairperson.

(2) The functions of the Intelligence Review Board are to -
(a) consider any application by a former member to disclose information or material in terms of subsection (1);
(b) perform any other prescribed function.

(3) The Minister shall appoint as members of the Board, fit and proper persons with integrity.

(4) No person shall be a member of the Intelligence Review Board if he or she does not have a security clearance certificate issued by the relevant authority.

(5) The Minister may determine -
(a) the term of office of the members of the Board;
(b) with the concurrence of the Minister of Finance, the remuneration and allowances to be paid to members of the Board:
Provided that employees appointed in terms of the Public Service Act. 1994 (Proclamation No.103 of 1994) and members of the Agency or Service, as the case may be, shall not be entitled to such remuneration and allowances.
(c) any other conditions of employment

(6) The Minister may remove a member of the Intelligence Review Board from office prior to the expiry of that member's term of office if -
(a) a member of the Intelligence Review Board is found guilty of misbehaviour:

(b) is unable to carry out responsibilities as a member of the Intelligence Review Board:

the security clearance of the member is withdrawn.

(7) The Minister may prescribe all matters, which are necessary or expedient for the functioning of the Intelligence Review Board.


Prohibited communications by former members
22C. (1) No former member of the Agency or Service, as the case may be, may communicate in the Republic or elsewhere in a manner that is likely to be detrimental to the security of the Republic with any person-
who is a member, representative or associate of the Agency or Service as the case may be;
(b) that co-operates or has co-operated with the Agency or Service. as the case may be, in respect of matters concerning the security of the Republic.

(2) Subsection (1) does not apply to communications of a purely personal nature.

Prohibited employment by former members

22D. (1) No former member may utilise in the Republic or elsewhere any
skills, information or material acquired as a result of their employment. by the Agency or Service in any manner, which may be detrimental to the security of the Republic or to the interests of the Agency or Service as the case may be.

Employment in private security industry

22E. (1) A former member may not render a security service for a period of
three years after leaving the Agency or Service, as the case may be, unless he or she has first obtained a clearance certificate from the Director-General.

(2) The Minister may make regulations concerning the manner in
which any former member may apply for clearance certificate in terms of subsection (1).

Appeals

22F. (1) A former member may appeal to the Minister against the decision of the Intelligence Review Board stipulated in section 22B (2)

(2) A former member may appeal to the Minister against the decision of the Director-General to issue a clearance certificate in terms of section in section 22E

(3) The Minister may make regulations concerning the procedure of appeal by former members

Conduct of former members

22G (1) The Minister may prescribe the manner in which former members of the Agency or Service may conduct themselves in order to protect the interests of the Agency or
Service and the security of the Republic

(2) Regulations made by the Minister in terms of Sections 22B. 22E.
22F and 22G shall be made by notice in the Gazette

NEW CLAUSE
1. On page 7, after line 20, to insert:
"Amendment of section 26 of Act 38 of 1994
Section 26 of the principal Act, is hereby amended by the substitution for subsection (1) of the following subsection:
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] three 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] 30 calendar days before it is instituted;"

CLAUSE 18

1. On page 7, in line 33, to omit "all matters relating to misconduct and discipline within" and to insert "as to all matter relating to discipline, command and control of members of"

CLAUSE 24

1. On page 8, from line 25, to omit clause 24.