ATC130417: General Intelligence Laws Amendment Bill [B25-2011] Report

Ad Hoc Committee on General Intelligence Laws Amendment Bill (NA)

Report of the Ad Hoc Committee on General Intelligence Laws Amendment Bill on the General Intelligence Laws Amendment Bill [B 25 – 2011], dated 16 April 2013:

Report of the Ad Hoc Committee on General Intelligence Laws Amendment Bill on the General Intelligence Laws Amendment Bill [B 25 – 2011], dated 16 April 2013:
 

The Ad Hoc Committee on General Intelligence Laws Amendment Bill , having considered the subject of the General Intelligence Laws Amendment Bill [B 25 - 2011] (National Assembly - sec 75), referred to the Committee and classified by the JTM as a section 75 Bill, reports the Bill with amendments [B 25A – 2011].

 

The Bill repeals the Electronic Communications Security (Pty) Ltd Act 68 of 2002 and amends the National Strategic Intelligence Act 39 of 1994, the Intelligence Services Oversight Act 40 of 1994, and the Intelligence Services Act 65 of 2002, so as to establish the State Security Agency.

 

A number of amendments to the Bill were proposed. The rejected amendments relate to the following clauses:

 

 

Clause 1

 

1. On page 2, from line 22, to omit the definition of “foreign signals intelligence”.

 

Clause 2

 

1. On page 5, from line 23, to omit paragraph (iv) and from line 35, to omit paragraph (k).

 

Clause 4

 

1. On page 6, in line 35, to omit “if any law” up to and including “State-“ in line 41 and to substitute “Provided that such department of State -”.

 

2. On page 6, after line 41, to insert the following paragraph:

 

(b) by the substitution in subsection 1 for the words preceding paragraph (i) of the second proviso of the following words: “Provided that such department of State –“;

 

3. On page 6, in line 44, to omit “subsections” and to substitute “subsection”.

 

4. On page 6, from line 45, to omit subsection (5).

 

Clause 7

 

1. On page 8, in line 24, to omit the second “and”.

 

2. On page 8, after line 24, to insert the following paragraph:

 

(d) by the insertion after subsection (1) of the following subsection “(1A in subsection (1)( c) must be consistent with the provisions contained in the section 11 of the Intelligence Services Act, 2002 (Act No 65 of 2002) and Regulation of Interception of Communication and Provision of Communication-related Information Act, 2002 (RICA) (Act No 70 of 2002”

 

3. On page 8, in line 31, after “her” to insert “and”.

 

4. On page 8, after line 31, to add the following paragraph:

 

(f) by the addition of the following subsection: “(6) any regulation made under this section must be submitted to and approved by the Joint Standing Committee on Intelligence.”

 

New Clause

 

1. That the following be a new Clause:

 

Insertion of section 7A in Act 39 of 1994

 

Offences and Penalties

 

6. "Any person who unlawfully and intentionally gathers, correlates, evaluates and analyses intelligence on lawful political activity, advocacy, protest or dissent is guilty of an offence and liable on conviction to fine or to imprisonment for a period not exceeding 10 years, or to both a fine and such imprisonment".

 

Clause 14

 

1. On page 10, line 48, to omit paragraph (f).

 

 

Clause 49

 

1. On page 24, after line 28, to add the following paragraphs:

 

(g) by the insertion after subsection (2) of the following subsection:

“(2A) Regulations contemplated in subsection (1) ( sC ) must be consistent with the provisions contained in the Regulation of Interception of Communication and Provision of Communication-related Information Act, 2002 (Act 70 of 2002)”

 

(h) by the addition of the following subsection:

“(6) Any regulation made under this section must be submitted to and approved by the Joint Standing Committee on Intelligence.”

 

 

 

Report to be considered.