Issued by: Ministry of Intelligence Services
PRESS STATEMENT FOR MEDIA CONFERENCE 22 FEBRUARY 1996 09H00
1. The reality of the modern world is that even the most stable of democracies require intelligence both to protect and forewarn of threats to stability and also to provide opportunities to create the basis of stability. Furthermore, the cold and harsh realities of South Africa's transition is that the country faces high levels of violence, espionage and crime, including cross border smuggling of weapons and drugs by transnational criminal syndicates. In facing this reality government and parliament has decided that the country needs an effective and efficient intelligence capability.
2. In recognising the need for an intelligence capability the government was mindful to ensure that these services function strictly within the parameters of the constitution and the law. These supervision and control mechanisms, which have never existed before, are as follows:
- Executive control and accountability over the services by way of civilian ministry and a cabinet committee.
- A parliamentary oversight mechanism, including members from all of the parties in parliament, with a specific brief to order investigations regarding any complaint from the public or any breach of human rights by the intelligence community.
- An inspector general, appointed by a seventy five percent majority of both houses of parliament, with the specific powers to access any facility or information held by the intelligence community and to report on any breaches of human rights or of proper procedures.
3. Additionally, the new cnstitution provides for protections against state abuse through the Public Protector and the Human Rights Commission. In addition, the budgets and budgetary utilisation of the intelligence services are monitored by the parliamentary committee on state expenditure and by the Auditor General. All of these provisions make the South African intelligence community on of the most monitored and accountable in the world - a fact which is both vital to the development of our democracy and also to creating confidence in the security organs of the state.
4. The facility referred to in the Spectrum reports of the 21st of February is part of the intelligence capability referred to and is a national asset utilised by all components of the Intelligence community. Although administered by the National Intelligence Agency and the South African Secret Service the facility serves as a key resource for all agencies involved in security and in the government's effort to combat crime. The facility was established in 1976 with a shortwave monitoring capacity and has been upgraded or modified on a regular basis since then.
5. Although created under different conditions of our country's history we are of the view that these assets are required by the new democracy to ensure stability. It needs to be clarified that while the technical capability to intercept and monitor telecommunications exists this does not imply that that capability is used randomly or without the necessary protective procedures. It can be categorically stated that our capacity to intercept domestically s nt being used randomly and is not being used in violation of the law.
6. A paranoia about technological Intelligence gathering plays into the hands of those intent on destabilising our society and for those who thrive on criminality. It should be borne in mind that such technological Intelligence gathering is at the cutting edge of law enforcement and crime combatting. Additionally, major powers are using similar capacities in the region to penetrate the defensive measures of South Africa and the region, and the country's own capacity in this regard is necessary to combat such intrusion.
7. In his opening speech to Parliament the President paid homage to the unsung heroes of the Intelligence community who are playing a vital role in combatting crime and the violence that is bedeviling our country. The President in the same address gave all citizens the assurance that law abiding citizens could rest assured that there are effective mechanisms in place to prevent and punish any rapacious invasion of their lives. But he also emphasised that those criminals seeking to undermine the welfare of citizens could not hide behind these protections. Crime and violence must be stopped and the capacities of the new democracy must be fully utilised in this regard.
8. In this context it is necessary to emphasise that the Joint Standing Committee on Intelligence, comprising of representatives of all parties represented in Parliament, has been quick to follow up and investigate any alleged breaches or irregularities brought to its attention. Additionally, in December 1995 the JSCI, at the invitation of the services, visited and inspected the facility referred to. Thus while this is a sensitive facility requiring protection it has not been maintained without the necessary accountability to those empowered by the constitution to control such capabilities.
9. Finally, it is necessary to caution against a situation where sensitive issues such as inteligence become political footballs or a focus of unsubstantiated sensationalism. While the important role of the press in exposing abuses of power and in informing the public on matters of national interest is recognised and welcomed it is also necessary that such reporting be responsible with regard to matters of national security. In this context intelligence needs to be treated with the seriousness and sensitivity it deserves. Sensationalism of these issues undermines the serious mechanisms that have been put in place by the constitution and parliament to redress any wrongs and these mechanisms should be allowed to pursue their task professionally, efficiently and seriously. The media can play a very constructive role in informing and assisting these control mechanisms.
Issued by the Ministry of Intelligence Services 21 February 1996