Interim Critical Infrastructure Protection Regulations: CSPS briefing

Meeting report

The Chairperson noted that the meeting would focus on a briefing by the Civilian Secretariat for Police Services (CSPS) on the Interim Critical Infrastructure Protection Regulations in terms of section 27 of the Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019).

The Minister and Deputy Minister of Police had submitted apologies.

Mr Takalani Ramaru, Acting Secretary for Police Service, CSPS, introduced the delegation: Adv Dawn Bell, Chief Director: Legislation, CSPS, and Mr Milton Ntwana, Legal Advisor, CSPS.

The Chairperson explained that the Critical Infrastructure Protection Act (CIPA) was assented to by the President on 20 November 2019. As per section 27 of the Critical Infrastructure Protection Act, the Minister of Police must table any proposed regulations in Parliament for scrutiny before promulgation. The draft regulations were referred to the Select Committee (SC) on 21 July 2022 for consideration.


Briefing by the CSPS
The CSPS briefed the Committee.

The presentation contained the following headings:
- Background
- Operationalised sections of CIPA
- Drafting of Regulations for the Critical Infrastructure Council (CIC)
- Draft Regulations: Content

The Draft Regulations dealt with the following 14 aspects, related mainly to the functions and procedures to be followed by the Critical Infrastructure Council –
· Regulation 1: Definitions
· Regulation 2: Establishment and functions of the Critical Infrastructure Council
· Regulation 3: Ordinary meetings of the Critical Infrastructure Council
· Regulation 4: Special meetings of the Critical Infrastructure Council
· Regulation 5: Resolutions of the Critical Infrastructure Council in respect of application for declaration of infrastructure as critical infrastructure
· Regulation 6: Resolutions of the Critical Infrastructure Council to dispense with publication · Regulation 7: Resolutions of the Critical Infrastructure Council in respect of policies, protocols and standards
· Regulation 8: Assignment of functions by the Minister
· Regulation 9: Ad hoc committees
· Regulation 10: Standing committees
· Regulation 11: Establishment of Critical Infrastructure Protection Regulator
· Regulation 12: Functions of the Critical Infrastructure Protection Regulator
· Regulation 13: Manner of service of notice
· Regulation 14: Commencement

(See Presentation document)

Discussion

The Chairperson observed that the regulations dealt largely with the functioning of the CIC.

Ms M Bartlett (ANC, Northern Cape) observed that comments had been incorporated into the regulations that were before the Committee. What were the main areas of concern expressed, and by whom?

Ms A Maleka (ANC, Mpumalanga) asked how the regulations would be budgeted for, and what was the anticipated cost of implementation. She observed that the CSPS played a significant role in the functioning of the CIC. Given the limited budgets that departments currently had, how would the role of the CSPS be catered for in fulfilling its duties in the CIC?

Ms Bartlett had a question for the Portfolio Committee on Police (she did not ask that question in the meeting).

The Chairperson said that the Portfolio Committee had looked at the amendments to the regulations. The CSPS mentioned the definitions, but could it give the SC confirmation around those amendments?

Mr Ntwana said that the regulations dealt with organising meetings for the CIC and minor issues. Thus, there were no major proposals that came from the public when the regulations were published for comment. It was just technical changes that the CSPS needed to do, to make sure that there was alignment between the Act and the regulations. The CSPS received five or six comments. Those were general comments on adjustments that commenters thought needed to be made to the regulations. There was a table that the CSPS prepared on the responses received which it could send to the Committee.

On the budget, Mr Ntwana observed that regulations were mainly for the Secretariat to start performing its functions. After the regulations were approved by Parliament, they would be published in the Government Gazette for promulgation and implementation.

On section 6 of the Act, the CSPS was responsible for subsistence and travel (S&T) for the council members that were not from Government. The CSPS would play the role of providing operational fees for the members of the council who came from the private sector once those members had started to perform their functions. Additionally, the CSPS would perform the secretariat function of the council. In terms of the provisions of the Act, the Secretary would be the Chairperson of the Council.

Mr Ramaru reiterated that the CSPS was not anticipating a large cost to implement the regulations. If there were costs, it would discuss those with the Committee, and ask National Treasury for more funding. The CSPS was not anticipating large costs beyond those that it could cater for with members who were not part of Government.

The Chairperson said that the Committee would duly consider the presentation received and wished the CSPS well in the implementation of the CIC. The Committee noted the importance of the protection of critical infrastructure, the importance of implementing the regulations, and ensuring that there were sufficient resources to do that.

Adoption of Minutes

11 May 2022
Mr K Motsamai (EFF, Gauteng) moved for the adoption of the minutes, and Mr G Michalakis (DA, Free State) seconded.

18 May 2022
Ms Bartlett moved for the adoption of the minutes, and Mr E Mthethwa (ANC, KZN) seconded.

25 May 2022
Ms Bartlett moved for the adoption of the minutes, and Mr Motsamai seconded.

1 June 2022
Mr Motsamai moved for the adoption of the minutes, and Ms Bartlett seconded.

7 June 2022
Ms Bartlett moved for the adoption of the minutes, and Ms Maleka seconded.

Closing

The Chairperson thanked the Members for their participation in the meeting, and for their contributions.

The meeting was adjourned.