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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.