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Date
: 01/11/2006
Source: Minister for Intelligence Services
Title: Kasrils: Ministerial Review Commission on Intelligence
Launch of Ministerial Review Commission on Intelligence by the
Minister for Intelligence Services, Ronnie Kasrils (MP), Palm
Court, Marks Building, Parliament
Honoured members
All media
In my Budget Vote Speech to the National Assembly (NA) on 1 June
this year, I announced my intention to establish a Ministerial
Review Commission on Intelligence.
This action was necessitated by certain malpractices and abuses of
state power and resources which had occurred within the National
Intelligence Agency (NIA) during 2005.
I indicated in my Budget Vote speech that it was necessary to use
this lamentable episode at NIA to undertake fundamental reforms
aimed at preventing such abuses in the future. To do so, we need to
review legislation and strengthen regulations, operational
procedures and control measures where necessary. I also pointed out
the need to attend to the perfidious mentality that enabled these
dirty tricks to take place and most importantly, that such reforms
be placed in the public domain so as to rebuild public confidence
and trust.
Before I continue I wish to acknowledge members of the Joint
Standing Committee on Intelligence (JSCI) chaired by Dr Siyabonga
Cwele, who have been fully briefed on this process, and express my
appreciation for the vigorous role they play in holding our
services accountable, and for their input in defining this process.
I also need to acknowledge the contribution of the Inspector
General for Intelligence in addressing concerns over the operations
of the services.
Likewise I note the work of the Legislative Review Task Team
appointed late last year and headed by the Coordinator for
Intelligence, Barry Gilder.
Let me now introduce to you the leading South Africans who have
graciously accepted to serve on the Review Commission. As you will
see, the panel draws on the experiences of a former member of the
executive, a former Parliamentarian and a civilian who has
extensive experience in non-governmental organisations (NGOs). The
Commissioners all come from a legal background.
They are: Former Deputy Minister of Safety and Security, Mr Joe
Matthews, as Chairperson; the Speaker of our first democratic
Parliament, Dr Frene Ginwala; international scholar in peace and
conflict studies, Mr Laurie Nathan.
It is important to point out that the Commission will be
independent and that no person or body may do anything to undermine
its independence or seek to influence the Commissioners in an
improper manner.
The Commission's Terms of Reference is aimed at "strengthening
mechanisms of control of the Civilian Intelligence Services in
order to ensure full compliance and alignment with the
Constitution, constitutional principles and the rule of law, and
particularly to minimise the potential for illegal conduct and
abuse of power".
The focus of the Review shall include the following topics in so
far as they relate to the aim of the Commission:
* executive control of the Intelligence Services
* control mechanisms relating to Intelligence Services'
operations
* control over intrusive methods of investigation
* the spheres of activity currently referred to as political and
economic intelligence
* political non-partisanship of the services
* the balance between secrecy and transparency
* controls over the funding of covert operations.
The review process will cover the following structures:
* NIA
* South African Secret Services (SASS)
* National Intelligence Coordinating Committee (NICOC)
* National Communications Centre (NCC)
* Electronic Communications Security (Pty) Ltd. (COMSEC)
* Office for Interception Centres (OIC).
To achieve its aim, the Commission may, among other methods, engage
in reviewing legislation, regulations, reports, directives, invite
written or oral submissions, hold public consultations and
undertake comparative study of good practice in the governance of
Intelligence Services in other countries.
On completion of the review, the Commission will submit a public
report to the Minister containing practical recommendations for
strengthening regulation and control of the Intelligence Services.
We envisage that the Commission will complete the first phase of
its work by mid-2007 and conclude by end 2007. The Minister will
present the report to the JSCI for consideration. The report will
also be made available to the public. The Minister will study the
recommendations and make decisions thereafter.
I wish the Commission success in the work that lies ahead. Our
security, including the institutions responsible for this function,
is no longer the preserve of an elite group and I encourage members
of the public to use this opportunity to participate in the process
and engage in debate on the issues relevant to the Terms of
Reference.
This is also an important process in the life of the Intelligence
Services as it allows for an added opportunity to account and
respond to issues related to its functioning.
Enquiries: The Commission
Tel: (012) 367 0754
Fax: (012) 367 0923
E-mail: Reviewcommission@intelligence.gov.za
Issued by: Minister for Intelligence Services
1 November 2006
Source: SAPA
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