The General Intelligence Laws Amendment Bill (GILAB), which is being considered by the Ad Hoc Committee on GILAB in the National Council of Provinces (NCOP), is a significant step towards reforming the intelligence services in South Africa.
In fulfilling its constitutional obligation to facilitate public involvement as set out in Section 72 of the Constitution, the committee has through the national media, among others, invited stakeholders to submit inputs on GILAB. It has also started provincial and national public hearings.
The committee wishes to invite submissions on specifically the following matters which are not currently included in GILAB. These matters were considered by the Ad Hoc Committee in the National Assembly but could not be included in that process due to time constraints to allow further consultation.
These matters include:
- Amending the Secret Services Act 56 of 1978 to provide for the establishment of the Evaluation Committee within 12 months after the Act is passed. The Evaluation Committee will be critical for intelligence oversight, providing essential checks and balances to ensure the effectiveness and legality of intelligence operations. Given its fundamental role in upholding accountability and transparency, the establishment of this Committee should be prioritised.
- The appointment of the Deputy Chairperson of the JSCI. This is necessary to ensure the effective functioning of the committee, particularly given that the law mandates only the Chairperson to lead and make decisions. Thus, in instances where the Chairperson is unavailable, the committee's work halts without a designated substitute.
- Bi-annual meetings between the JSCI and the President on intelligence-related matters. These meetings are crucial due to matters of national security that require discussions exclusively with the President. They play a pivotal role in ensuring the effective functioning of the departments, which are tasked with the executive control of the intelligence services.
- The alignment of the JSCI's annual reporting with parliamentary reporting requirements. This is purely an administrative issue for proper alignment.
- The appointment of the Deputy Inspector-General of Intelligence (DIGI). This is not just a procedural step but also a necessity to ensure the effective functioning of the Office of the Inspector General of Intelligence (IGI). In instances where the IGI is unavailable, the work halts without a designated substitute, potentially impeding critical oversight functions. Having a DIGI would ensure continuity and efficiency, maintaining the integrity and effectiveness of oversight even in the absence of the IGI.
- Empowering the JSCI to designate the IGI to provide a specific oversight function. The JSCI seeks to strengthen its capabilities by designating the IGI to conduct in-depth reviews of select matters that the Committee deems essential for fulfilling its oversight function. Parliament recognises the importance of well-informed oversight in the intelligence sector and, therefore, seeks to amend GILAB to enable the JSCI to entrust the IGI to conduct oversight through investigations into matters that require further scrutiny. The latter would ensure that Parliament, through the JSCI, enhances its commitment to robust oversight and accountability. The IGI has the necessary resources and legislative authority to conduct reviews that yield valuable insights. Amending GILAB to expressly provide for the tasking of the IGI by the JSCI would immensely enhance Parliamentary oversight over the intelligence services.
Written submissions on the above listed matters must be directed to Ms Nola Matinise, Committee Secretary, and be addressed to the Ad Hoc Committee on the General Intelligence Laws Amendment Bill, Parliament of the Republic of South Africa, PO Box 15, Cape Town, 8000, or submitted via any of the following online platforms:
WhatsApp to 083 709 8397:
Complete the submission form on the link https://forms.gle/UAYtzsaU3LaCcvjx5; or
email to GILAB2023@parliament.gov.za
All submissions must be received by no later than 12 May 2024.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE AD HOC COMMITTEE ON THE GENERAL INTELLIGENCE LAWS AMENDMENT BILL, MR KENNETH MMOIEMANG.