State of the Nation 2024
Type of recommendation
Reforming intelligence agencies
Part 5, Volume 1, Page 334
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 334
Oversight roles of the Inspector-General of Intelligence, the Auditor-General of South Africa and Parliament to be sharpened
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The role of the Inspector-General of Intelligence, the Auditor-General of South Africa, and Parliament, through its Joint Standing Committee on Intelligence, must be sharpened. Secrecy should not be used to hide criminal activity. Law enforcement agencies should therefore be able to investigate and, where appropriate, the National Prosecuting Authority should prosecute, otherwise there would be criminal impunity under the cover of secrecy.
Responsible to implement:
• State Security Agency
Actions on recommendations
A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The Bill will amend the National Strategic Intelligence Act (39 of 1994), Intelligence Services Act (65 of 2002) and other relevant intelligence laws so as to, among others, strengthen the oversight of the intelligence agencies by bodies such as the Inspector-General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.
Progress as at November 2023
Although the role of the Inspector-General of Intelligence is defined in the Intelligence Services Oversight Act, through the legislative review process that is currently underway, the Act will be amended to ensure that the Office is strengthened. The SSA and the Office of the Inspector General continue to interact on the capacity requirement of the OIGI. All Auditor-General employees who are assigned to SSA have been issued with appropriate security competence certificates. The certification gives them access to view and audit appropriate documents.
Part 5, Volume 1, Page 335
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 335
Process for issuance of firearms from the State Security Agency armoury must be tightened up
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The process for the issuance of firearms out of the State Security Agency armoury needs to be tightened up, bearing in mind that even rifles and submachine guns were issued.
Responsible to implement:
• State Security Agency
Actions on recommendations
The State Security Agency has finalised and is implementing new gun control directives for the agency in line with applicable laws.
Progress as at November 2023
The recommendation has been fully implemented.
Part 5, Volume 1, Page 339
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 339
State Security Agency recruitment criteria to be clear and strictly adhered to
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The State Security Agency recruitment criteria must be clear and be strictly adhered to. Certainly, there should be no Executive involvement, let alone by bringing in people on familial or other non-professional considerations.
Responsible to implement:
• State Security Agency
Actions on recommendations
The State Security Agency is reviewing human resource directives to ensure they are in line with the Commission’s recommendations on recruitment criteria. This is expected to be completed by March 2023.
Progress as at November 2023
Chapter V of the Intelligence Services Regulations provides for the requirements and procedures for recruitment, selection and appointment. SSA continues to implement the Regulations when positions are filled. Further, the relevant HR Directive was reviewed as part of the process to review other directives.
Part 5, Volume 1, Page 342
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 342
Put mechanisms in place to sift out false intelligence reports at the State Security Agency
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The peddling of false and unsubstantiated so-called intelligence reports can destabilise the country ... The bottom line is that sound and effective mechanisms should be in place to sift out false reports ... A great deal of prudence is required in dealing with intelligence reports.
Responsible to implement:
• State Security Agency
Actions on recommendations
The peddling of fabricated information has been counteracted by the resuscitation of systems and control measures in the State Security Agency.
Progress as at November 2023
The recommendation has been implemented. The systems and control measures to prevent peddling of fabricated information have been resuscitated.
Part 5, Volume 1, Page 347
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 347
Serious consideration to be given to the recommendations of report of the Joint Standing Committee on Intelligence
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
Returning to the report of the Joint Standing Committee on Intelligence [for the Financial Year ending 31 March 2020 including the period up to December 2020], it is to be noted that in paragraphs 9 and 10, respectively, the Committee makes generic and specific recommendations. These recommendations are aimed at ensuring a better service by the country's intelligence services. It is hoped that they will be seriously considered. The report has been tabled before Parliament for consideration. It is a public document for anybody to access.
Responsible to implement:
• State Security Agency
Actions on recommendations
The new leadership at the State Security Agency has developed and is implementing a comprehensive response plan to address the recommendations of the Commission. It is factoring in the recommendations contained in the Annual Report of the Joint Standing Committee on Intelligence for the financial year ending 31 March 2020, including the period up to December 2020.
Progress as at November 2023
The recommendations that are contained in the annual report of the Joint Standing Committee on Intelligence were implemented.
Part 5, Volume 1, Page 350
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 350
Strengthen the office of the Inspector-General of Intelligence
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
Instead of being weakened or undermined, the office of the Inspector-General of Intelligence (IGI) needs to be strengthened in many ways. It needs more staff and a budget of its own. The IGI should enjoy unfettered access to classified information and be better equipped. The office of the IGI must be independent and respected.
Responsible to implement:
• State Security Agency
Actions on recommendations
A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The amendment will also include provisions to strengthen the oversight of the intelligence agencies by bodies such as the Inspector-General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.
Progress as at November 2023
The SSA continues to implement the findings from the Inspector General of Intelligence. The Office of the Inspector General of Intelligence has recently issued the findings on SSA. SSA has since responded to the findings which will also be presented to the Joint Standing Committee on Intelligence in November 2023. This demonstrates that the findings of the Inspector General are taken seriously by the Agency.
Part 5, Volume 1, Page 351
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 351
Findings and reports of the Inspector-General of Intelligence must be taken seriously by the Executive
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The findings and reports of the Inspector-General of Intelligence must be taken seriously by the Executive and Parliament.
Responsible to implement:
• State Security Agency
Actions on recommendations
A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The amendment will also include provisions to strengthen the oversight of the intelligence agencies by bodies such as the Inspector-General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.
Progress as at November 2023
The recommendation has been implemented. Through the resuscitation of governance and operational structures, all resources are accounted for.
Part 6, Volume 2, Page 750
Category- Legislative Change
- Reforming intelligence agencies
Part 6, Volume 2, Page 750
Parliament to consider amending section 6(1) of the Intelligence Services Oversight Act 40 of 1994
Category:
- • Legislative Change
- • Reforming intelligence agencies
Description:
It is recommended that Parliament should consider amending section 6(1) of the Intelligence Services Oversight Act 40 of 1994, so as to ensure that, before an election, the outgoing Joint Standing Committee on Intelligence is required to report to Parliament on as much as possible of the period preceding the election.
Responsible to implement:
• Parliament
Actions on recommendations
Parliament is developing its own response to the Commission.
Progress as at November 2023
The Joint Standing Committee on Intelligence (JSCI) has considered the recommendation of amending section 6(1) of the Oversight Act and resolved that there was no need to amend section 6(1) as section 6(2) already made provision for reporting. Joint rule 1(2)(l) read with joint rule 8(5) in Schedule B of the Rules of the JSCI provide for special reporting of the JSCI. It defines the “special report” as a report that is prepared by the Committee at the request of Parliament, the President or the Minister responsible for each Service, or when the Committee deems it necessary, and tabled or submitted as provided for in section 6(2) of the Act. In terms of this defined special report, the Committee may report to Parliament, through the special report mechanism, at any given time as and when the Committee deems it necessary.
Part 5, Volume 1, Page 329
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 329
Prevent abuse of State Security Agency resources for political purposes
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The use of the resources and services of national intelligence agencies to destabilise opposition parties, to benefit a ruling party and to fan intra-party factions in order to influence political or electoral outcomes, amounts to a serious threat to democracy. Steps therefore need to be taken to deal with this.
Responsible to implement:
• State Security Agency
Actions on recommendations
The new leadership at the State Security Agency has developed and is implementing a comprehensive response plan to address the recommendations of the Commission. This response plan is being driven by a multi-disciplinary team made up of internal resources and through enlisted expertise in restructuring and reforming organisations.
Progress as at November 2023
This is in progress.
Part 5, Volume 1, Page 332
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 332
Inspector-General of Intelligence to be allowed greater access to intelligence services
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The Inspector-General of Intelligence should be allowed more access into the activities of the country's intelligence services.
Responsible to implement:
• State Security Agency
Actions on recommendations
A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The Bill will amend the National Strategic Intelligence Act (39 of 1994), Intelligence Services Act (65 of 2002) and other relevant Intelligence laws so as to, among others, strengthen the oversight of the intelligence agencies by bodies such as the Inspector-General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.
Progress as at November 2023
The State Security Agency reports that the Inspector-General of Intelligence has access to all information that is relevant for him to conduct his oversight work.
Part 5, Volume 1, Page 333
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 333
Enable the Auditor-General to audit the State Security Agency
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
Consideration should be given to allowing the Auditor-General adequate access to audit the country's intelligence agencies. Without prescribing, consideration may be given to giving top clearance certificates to some staff of the Auditor-General. Consultations with the Inspector-General of Intelligence and the Auditor-General should be considered by the State Security Agency.
Responsible to implement:
• State Security Agency
Actions on recommendations
A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The Bill will amend the National Strategic Intelligence Act (39 of 1994), Intelligence Services Act (65 of 2002) and other relevant Intelligence laws so as to, among others, strengthen the oversight of the intelligence agencies by bodies such as the Inspector General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.
Progress as at November 2023
Following Cabinet approval the Bill was submitted to Parliament. On 12 October 2023, the Speaker of the National Assembly announced the names of the members nominated by their parties to serve on the Ad Hoc Committee on the General Intelligence Laws Amendment Bill.
Part 5, Volume 1, Page 332
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 332
Strengthen financial controls and accountability at the State Security Agency
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
Financial controls and accountability need to be tightened. The handling and use of cash is inevitable, especially in covert operations. However, consideration should be given to minimising the amounts involved.
Responsible to implement:
• State Security Agency
Actions on recommendations
National Treasury is working with the Auditor-General of South Africa (AGSA) and the State Security Agency (SSA) on tightening financial controls, especially with respect to cash, and improving accountability through a multi-pronged audit process (involving the AGSA, the Inspector-General of Intelligence and SSA Internal Audit).
Progress as at November 2023
The recommendation has been implemented and there is improved accountability and control of cash in SSA.
Part 1, Volume 1, Page 441
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 1, Volume 1, Page 441
Prevent abuse of State Security Agency (SSA) security vetting to serve interests of individuals
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
It is recommended that the President must take note of the involvement of the State Security Agency (SSA) in security vetting and take such steps as may be necessary to ensure that the services of the SSA are not abused in the future to serve the interests or agenda of certain individuals.
Responsible to implement:
• State Security Agency
Actions on recommendations
The new leadership at the State Security Agency has developed and is implementing a comprehensive response plan to address the recommendations of the Commission. It is factoring in the recommendations contained in the Annual Report of the Joint Standing Committee on Intelligence (JSCI) for the financial year ending 31 March 2020, including the period up to December 2020.[1] This response plan is being driven by a multi-disciplinary team made up of internal resources and through enlisted expertise in restructuring and reforming organisations.
Progress as at November 2023
The response plan is being implemented.
Part 5, Volume 1, Page 20
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 20
Further investigation into the affairs of the State Security Agency
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
Any further investigation into the affairs of the State Security Agency should be entirely independent of those persons implicated in the Project Veza investigations. This would require an entirely independent investigation.
Responsible to implement:
• State Security Agency
Actions on recommendations
All investigations that have been initiated by Project Veza were handed over to an independent forensic investigation firm. Several reports have been completed and submitted to the Director-General. The said reports were subsequently shared with the National Prosecuting Authority’s Investigative Directorate (ID) for further investigations and possible prosecutions. All future reports from the forensic firm will follow this approach. Consequence management is already being implemented via disciplinary actions.
Progress as at November 2023
The SSA continues to work closely with the National Prosecuting Authority’s Investigating Directorate (ID) for further investigations and possible prosecutions.
Part 5, Volume 1, Page 323
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 323
Consider the recommendations of the Intelligence White Paper
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The Commission recommends a close look once more at the spirit, guidelines and principles of the Intelligence White Paper, while recognising that it, too, might need to the adapted.
Responsible to implement:
• State Security Agency
Actions on recommendations
New National Security Policy and Strategy documents have been drafted and presented to the National Security Council. The policy, which returns to the principles of the White Paper on Intelligence, will be recommended to Parliament for the commencement of public consultations before the end of this financial year.
Progress as at November 2023
The National Security Strategy was presented to various forums and will be presented to Cabinet as soon as all consultations have been concluded.
Part 5, Volume 1, Page 326 & 368
Category- Operational / Regulatory Change
- Reforming intelligence agencies
Part 5, Volume 1, Page 326 & 368
End ministerial interference in intelligence services
Category:
- • Operational / Regulatory Change
- • Reforming intelligence agencies
Description:
The Commission recommends in the appropriate section and for the reasons therein stated that a Minister should not be involved in the operations of the country's intelligence services.
Responsible to implement:
• State Security Agency
Actions on recommendations
No member of the Executive responsible for intelligence, whether the President, Minister or Deputy Minister, may be involved in the operational matters of the State Security Agency. The review of the Intelligence Services Act that is currently underway will consider how to give practical effect to this principle.
Progress as at November 2023
Implementation of this recommendation is dependent on the promulgation of the General Intelligence Laws Amendment Act which provides for the review of Section 10(3) of the Intelligence Services Act.
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