GOVERNMENT NOTICE
                                      
                     MINISTRY FOR INTELLIGENCE SERVICES
    
    No. R. 1505
    16 October 2003
    
                     MINISTRY FOR INTELLIGENCE SERVICES
    
    Notice in terms of section 37 of the Intelligence Services Act, 20,02
(Act 65 of 2002) read in conjunction with section 101(3) of the
Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996).
    
    The Minister for Intelligence Services approved and issued the
Regulations of the Intelligence Services on 22 August 2003 in terms of
Section 37(1) and (5) of the Intelligence Services Act, 2002 (Act 65 of
2002).
    
    The following regulations in the Schedule, which are isolated in the
footnote', apply to the members of the Public and were also approved on 22
August 2003 and are hereby issued with effect from 16 October 2003:
    
                                 *1 FOOTNOTE
    
    1. Chapter 5: Recruitment, Selection, Appointment and Termination of
Service.
    
    2. Chapter 6: Cadet recruitment and training.
    
    3. Chapter 23: Veterans Association.
    
    4. Chapter 24: Restrictions of former members.
    
    5. Chapter 26: Security screening.
    
                                  

  
                                  CHAPTER I
                                      
     GENERAL PROVISIONS
                                      
    1. PRELIMINARY
    
    (1) Short Title and Commencement
    
    These Regulations are called the Intelligence Services Regulations,
2003.
    
    (2) Definitions
    
    (a) These Regulations must be read in conjunction with the Intelligence
        Services Act.
    
    (b) In these Regulations, unless the context indicates otherwise -
    
        "Academy" means the South African National Academy of Intelligence
        established by section 5 of the Intelligence Services Act, Act 65 of
        2002;
    
        "access control" means the process by which access to a particular
        area is controlled, or restricted to authorised personnel only;
    
        "Act" means the Intelligence Services Act, Act 65 of 2002;
    
        "active members" means members who are employed by the Intelligence
        Services or the Academy, as the case may be, on a permanent basis
        and therefore exclude retired members;
    
        "affirmative action measures" includes but is not limited to
        measures designed to ensure that suitably qualified people from
        designated groups have equal employment opportunities and are
        equitably represented in all occupational categories and levels in
        the Intelligence Services or the Academy, as the case may be;
    
        "applicant" means a person or a member who applies for employment
        and/or another post in the Intelligence Services or the Academy, as
        the case may be;
    
        "appointment" means employment;
    
        "approved establishment' means the posts that the Minister has
        approved to carry out the core and support functions of the
        Intelligence Services or the Academy, as the case may be;
    
        "basic salary" means the salary notch applicable to a member
        allocated per job level range within an occupational band according
        to the remuneration management system approved by the Minister;
    
        "benchmark" means the initial evaluation of a job within the
        Intelligence Services or the Academy, as the case may be;
    
        "black people" is a generic term, which means Africans, Coloureds
        and Indians;
    
        "cadet" means a young person from a recognised tertiary institution
        or high school, recruited to study at the Academy but who is
        currently not a member;
        
        "calendar month" refers to all the days in a month including
        weekends and public holidays, from the first to the last day of the
        month;
        
        "CEO" means the Head of the Academy;
        
        "child" means a member's natural child, or a stepchild or legally
        adopted child, who has not reached the age of 21 years, or a child
        who has been placed in the legal custody, recognised by law, of the
        member, his or her spouse or partner;
        
        "communication security" means direct or indirect communication;
        
        "competence" means the blend of knowledge, skills, behaviour and
        aptitude that a person applies in the working environment, which
        indicates the person's ability to meet the requirements of a
        specific post;
        
        "consecutive days" means calendar days including weekends and public
        holidays;
        
        "consultation service" refers to the medical consultation service
        including a theatre and dispensary that provides in-house services
        to persons entitled to OPMED benefits;
        
        "continuation member" means a member, with his or her registered
        dependants, if any, who retains his or her membership status with
        OPMED without prejudice or limitation of a continued period of
        membership in the event of his or her retirement from the
        Intelligence Services or the Academy, as the case may be, or due to
        his or her employment being terminated by the Intelligence Services
        or the Academy, as the case may be, on account of reaching the
        retirement age, or having been declared medically unfit or due to
        termination of employment with a severance package, on condition
        that OPMED membership be retained;
        
        "council" means a Staff Council and Consultation Council established
        in terms of these Regulations;
        
        "cover member" means a member of the Intelligence Services or the
        Academy, as the case may be, whose relationship with the
        Intelligence Services and the Academy is completely concealed and
        who functions under deep cover for operational purposes in cases
        where there is a need for extreme liability, danger to life or a
        high risk for the exposure of countering activities;
        
        "day" means a working day;
        
        "day of rest" with regard to a member who does not usually work on
        such a day, a Saturday, Sunday or a public holiday, and in the case
        of a member who usually works on a Saturday, Sunday or a public
        holiday, any other day on which the member, instead of such a day,
        is generally exempted from work;
        
        "dependant" means spouse, partner, child or parent in respect of
        whom the member is liable for family care and support;
        
       (i)     for the purpose of OPMED, "dependant" refers to -
       
               (aa) a spouse or partner who is not a member or dependant
               of another medical scheme;
       
               (bb) a child;
       
               (cc) a member's child of 21 years and older, for whom the
               member is liable for family care and support, and who is not
               a member or dependant of another medical scheme;
       
               (dd) a member's child who is a student at a school or other
               educational institution within the Republic of South Africa,
               or a child of a member who is placed abroad for official
               purposes where the child is in a school or educational
               institution of that specific country, up to the age of 26
               years and who is not a member or dependant of another medical
               scheme;
       
               (ee) a member's child who is unfit for the open labour
               market due to a mental or physical disability and who is not
               a member or dependant of another medical scheme;
       
               (ff) the immediate family of a member in respect of whom
               the member is liable for family care and support, and who is
               not a member or dependant of another medical scheme;
       
               (gg) such other person(s) who is (are) recognised by the
               OPMED management control board as a dependant(s) for purposes
               of the medical scheme rules;
       
       (ii)    for the purpose of resettlement transfers and sessional
               assistance within the Intelligence Services or the Academy,
               as the case may be, "dependant" refers to -
       
               (aa) a partner or spouse of a member;
       
               (bb) a child;
       
               (cc) a family member who resides permanently with the
               member, who is dependent on such a member and who receives a
               total income that, from all sources, does not exceed the
               basic social pension;
    
        "designated groups" means black people, women and people with
        disabilities;
    
        "direct communication" means -
    
       (i)     an oral communication, other than an indirect
               communication, between two or more persons which occurs in
               the immediate presence of all the persons participating in
               that communication; or
       
       (ii)    an utterance by a person who is participating in an
               indirect communication, if the utterance is audible to
               another person who, at the time that the indirect
               communication occurs, is in the immediate presence of the
               person participating in the indirect communication;
    
        "Director-General" means the head of any of the Intelligence
        Services;
    
        "dispute" includes an alleged dispute;
    
        "document" or "documentation" means -
       
       (i)     any note or writing, whether produced by hand or printing,
               typewriting or any other similar process;
       
       (ii)    any copy, plan, picture, sketch, photographic or other
               representation of any place or article; or
       
       (iii)   any disc, tape, card, perforated roll or other device in
               which or on which sound or any signal has been recorded for
               reproduction;
    
        "employment policy" includes, but is not limited to -
    
       (i)     recruitment procedures, advertising and selection criteria;
       
       (ii)    appointment(s) and the appointment process;
       
       (iii)   job classification and grading;
       
       (iv)    remuneration, employment benefits and terms and conditions
               of employment;
       
       (v)     job description;
       
       (vi)    the working environment and facilities;
       
       (vii)   training and development;
       
       (viii)  performance evaluation;
       
       (ix)    promotion;
    
       (x)     transfer;
       
       (xi)    demotion;
       
       (xii)   disciplinary measures other than discharge; and
       
       (xiii)  discharge;
    
        "family care and support" means a liability for financial support
        enforceable by a court of law;
    
        "family responsibility" means the responsibility of a member in
        relation to his or her spouse or partner and his or her children
        and/or his or her parent(s);
        
        "financial institution" means a legitimate registered bank or
        building society within the Republic of South Africa;
        
        "fixed establishment" means the total number of posts created for
        the normal and regular requirements of the Intelligence Services or
        the Academy, as the case may be, and any other such components that
        are administratively linked to the Intelligence Services or the
        Academy, as the case may be;
        
        "forum" means the Constituency Forum and Organisational Staff Forum
        established in terms of these Regulations;
        
        "Guarantee Scheme" means a guarantee issued to a financial
        institution in favour of a member or a collateral investment made by
        the Intelligence Services or the Academy, as the case may be, in
        favour of a member and assigned to a financial institution, to
        enable a member to obtain a loan for the purpose of buying property
        without himself or herself having due responsibility;
        
        "gift" means any matter, object, money, reward or favour presented
        to a member in his or her capacity as a member of the Intelligence
        Services or the Academy, as the case may be, over and above the
        salary and benefits payable to the member;
        
        "grade" means the relative value of a particular job reflected by
        the job weight, which is linked to a salary range in a salary scale
        used in the Intelligence Services or the Academy, as the case may
        be;
        
        "grievance procedure" means a process of addressing a complaint and
        resolving a dispute by a member against his or her supervisor or
        another member;
        
        "Group Assurance Scheme" means the Intelligence Services' or the
        Academy's, as the case may be, Group Assurance Scheme constituted
        and formulated by the Rules of the Group Policy applicable to the
        Intelligence Services or the Academy, as the case may be;
        
        "Head Office" is defined for the purpose of resettlement transfers
        as all the offices situated in the greater metropolitan area of a
        town or city and not an individual headquarters. Transfer from one
        Head Office to another office in the same metropolitan area must
        therefore not be regarded as a resettlement transfer;
        
        "health care provider" means all medical and health providers
        registered with the SA Medical Association and who are entitled to
        practise in terms of section 17 of the Health Professions Act, 1974
        (Act 56 of 1974);
        
        "HIV" means the Human Immunodeficiency Virus;
        
        "housing allowance" refers to an amount payable to a member of the
        Intelligence Services and the Academy as a fringe benefit to assist
        him or her to obtain residential accommodation;
        
        "household" is defined as the member and his or her dependants;
        
        "immediate family" means a family member such as a member's father,
        mother, brother, sister, spouse or partner for whom the member is
        liable for family care and support and who is financially dependent
        on the member;
        
        "indirect communication" means the transfer of information,
        including a message or any part of a message, whether -
    
       (i)     in the form of -
       
               (aa) speech, music or other sounds;
       
               (bb) data;
       
               (cc) text;
       
               (dd) visual images, whether animated or not;
       
               (ee) signals; or
       
       (ii)    in any other form or in any combination of forms
               transmitted in whole or in part by means of a postal service
               or a telecommunication system;
    
        "inherent requirements of a job" means the requirements determined
        by the job as well as the competencies needed by a member in order
        to carry out the job;
    
        "Intelligence Services" means the National Intelligence Agency (NIA)
        and the South African Secret Services (SASS);
    
        "internal positions" means vacant positions advertised within the
        respective Intelligence Services or the Academy, as the case may be,
        to enable the career advancement of active members;
        
        "internal transfer" means the appointment of a member to a new or
        vacant position, or the transfer to another structure on a permanent
        basis within the same Intelligence Service or within the Academy;
        
        "interdepartmental transfer" means the permanent transfer of a
        member from any of the Intelligence Services or the Academy, as the
        case may be, to another Public Service Department or from one
        Intelligence Service or the Academy, as the case may be, to another;
        
        "JE Manager" means the Job Evaluation Manager System;
        
        "job evaluation administrator" means a member trained in the job
        evaluation system and appointed as such within the structure
        responsible for the evaluation of all the jobs within the
        Intelligence Services or the Academy, as the case may be;
        
        "job evaluation facilitator" means a member trained in the job
        evaluation system and appointed by a general manager to represent
        the relevant structure in job evaluation and related activities;
        
        "job evaluation" means a process of assessing the relative worth of
        jobs within the Intelligence Services or the Academy, as the case
        may be, by applying an objective and reliable rating system;
        
        "job weight" means the numerical value assigned to reflect selected
        characteristics of a job measured by a job evaluation instrument;
        
        "Labour Relations Act" means the Labour Relations Act, 1995 (Act 66
        of 1995);
        
        "learnership programme" means learnership programme as defined in
        the Skills Development Act, 1998 (Act 97 of 1998);
        
        "leave cycle" means a period of twelve months that starts from the
        month a member joined the Intelligence Services or the Academy, as
        the case may be, or in the case of a transferred member, from the
        date the member joined the Public Service;
        
        "legal practitioner" means a person who is admitted to practise as a
        lawyer or advocate in the Republic of South Africa;
        
        "level" means salary range or grade;
        
        "manager" means the head of a component, division or unit in the
        Intelligence Services or the Academy, as the case may be, and any
        other such components that are administratively linked to the
        Intelligence Services or the Academy, as the case may be, unless
        specific reference is made to the positional appointment as manager
        on the M3 level;
        
        "medical benefits" means benefits to which a member and his or her
        registered dependants are entitled to, subject to the restrictions
        imposed by the OPMED rules;
        
        "medical examination" means the medical test of an applicant in
        order to determine his or her medical status in relation to the
        requirements of a specific position;
        
        "medical necessity" means the norm to evaluate a health care service
        in order to determine whether it is medically appropriate and
        necessary to meet basic needs, appropriate for a given diagnosis or
        condition and cost-effective for the given condition; appropriate to
        be delivered in the designated setting, consistent with the benefits
        and exclusions of the medical scheme, and consistent with the type,
        frequency and duration of treatment with scientifically based
        guidelines of medical practice and quantifiable medical value;
        
        "Medical Schemes Act" refers to the Medical Schemes Act, 1998 (Act
        131 of 1998), as amended;
        
        "medical scheme contribution" means the monthly amount, exclusive of
        interest, due by an OPMED member as his or her membership fee as
        well as for his or her registered dependants;
        
        "medical scheme rules" means the rules of OPMED including those for
        conducting the business of the scheme (appendixes and schedules) and
        any other provision relating to the benefits which may be granted,
        as well as the contributions due as determined and revised by the
        OPMED Management Control Board;
        
        "medical test" means any test, question, inquiry or other means
        designed to ascertain, or which has the effect of enabling the
        Director-General or the CEO, as the case may be, to ascertain,
        whether a member has any medical condition;
        
        "medical unfitness" means that currently and for the foreseeable
        future the member's physical or mental condition is such that he or
        she cannot maintain a satisfactory level of performance or cannot
        perform his or her duties except with extreme pain and discomfort,
        or with treatment or medication that poses a risk to his or her
        health, and that subject to the member's seniority and training, no
        reasonable alternative placement exists: Provided that this
        condition is of such a nature that the efficiency and effectiveness
        will be adversely affected for an unforeseeable period;
        
        "member", as contemplated in Chapter XVI and for the purpose of
        consultation, refers to any member of the Intelligence Services or
        the Academy, as the case may be, who is not a senior member or a
        member of the labour relations, legal services, internal audit and
        management services function;
        
        "misconduct" means misconduct as defined in Appendix A of Chapter
        XVIII;
        
        "NCC" means National Communications Centre as a spending centre of
        the National Intelligence Services;
        
        "nominee" means a person who is or was, in writing, nominated by a
        member as a beneficiary with regards to the Group Assurance Scheme
        benefits;
        
        "official subsidised transport" refers to official transport
        provided for members of the Intelligence Services or the Academy, as
        the case may be, who do not have transport to and from work in areas
        where no other means of public transport exists, to enable them to
        commute from a central point to and from work;
        
        "OPMED" means Optimum Medical Scheme;
        
        "OPMED management committee" means the committee that is appointed
        by the Intelligence Services to manage and control the OPMED Scheme;
        
        "OPMED Management Control Board" refers to the persons appointed
        and/or elected in accordance with the OPMED rules to manage and
        control the affairs of OPMED;
        
        "orphan" means the child of a deceased member of whom both parents
        have passed away, and who is classified as such;
        
        "partner" means an unmarried person irrespective of gender with whom
        the member has a relationship akin to marriage and who resides
        permanently with the member, sharing common assets;
        
        "people with disabilities" means people who have a long-term or
        recurring physical or mental impairment which substantially limits
        their prospects of entry into, or advancement in, employment;
        
        "personnel security" means any condition created by the deliberate
        creation, implementation and application of security measures in
        order to ensure that a person who obtains access to classified
        information and/or restricted premises is security competent;
        
        "physical security" means a condition and/or situation created by
        the deliberate creation, implementation and application of physical
        security measures for the protection of lives, property and
        information;
        
        "political organisation" means a party, body or movement with
        political aims;
        
        "poor performance" means any performance which is below the
        appropriate standards arising from any source other than pregnancy
        or medical unfitness or misconduct;
        
        "pregnancy" means pregnancy, termination of pregnancy and any
        medical circumstances related to pregnancy;
        
        "probation period" means a period within which a member, who was
        appointed in a particular position, is evaluated and assessed in
        order to determine his or her suitability for permanent appointment;
        
        "psychometric testing" means the assessment of an applicant in order
        to determine the applicant's suitability in terms of personality or
        task requirement of a specific position;
        
        "public holiday" means any day that is a public holiday in terms of
        the Public Holidays Act, 1994 (Act 36 of 1994);
        
        "representativeness" means the extent to which the posts filled on
        the fixed establishment broadly reflects the composition of the
        South African population, with reference to race, gender and
        disability;
        
        "record of poor performance" means any available record of a
        member's previous poor performance for which he or she was found
        guilty in terms of Chapter XIX;
        
        "salary range" means a set of salaries that forms part of a salary
        scale linked to a specific grade and, by extension, a set of job
        weights;
        
        "salary scale" means a range of salaries from a minimum to a maximum
        as salary for the Intelligence Services or the Academy, as the case
        may be, an occupational group or a unit within the Intelligence
        Services or the Academy, as the case may be, with specific amounts
        denoted as the beginning and end of salary ranges or a fixed amount
        or notch;
        
        "SCAB" means the Security Clearance Advisory Board;
        
        "secondment" means the temporary transfer of a member from the
        Intelligence Services or the Academy, as the case may be, to another
        Public Service Department, from one Intelligence Service to another,
        from the Intelligence Services to the Academy or from the Academy to
        the Intelligence Services;
        
        "security" means any condition and/or situation created by the
        deliberate creation or implementation and application of security
        measures in order to protect persons, property or information;
        
        "security clearance certificate" means an official document
        indicating the degree of security competence of a person;
        
        "security competence" means the ability of a person to act in such a
        way that he or she does not cause classified information or material
        from being disclosed to an unauthorised member or person, in this
        way prejudicing or endangering the security or interests of the
        Intelligence Services, the Academy or the State;
        
        "security competency investigating officer" means a member of the
        Intelligence Services designated by the Director-General with the
        authority to conduct security competency investigations;
        
        "senior member" as contemplated in Chapter XVI, refers to any member
        of the Intelligence Services or the Academy, as the case may be, who
        functions in a post at the level of M3 to M6 and / or the equivalent
        posts at the S and P level.
        
        "service of documents" means the personal handing over of documents
        to a member concerned by the procurator or a person assigned
        thereto: Provided that where all reasonable attempts to effect
        service have failed, a notice may be left with a suitable person at
        the member's last known address, or merely left at such premises if
        no such person is available;
        
        "session duty" refers to parliamentary duty performed at the office
        of the Minister for the Intelligence Services in Cape Town as
        required by the Minister from time to time, and in accordance with
        the Department of Public Service and Administration's policy on
        session duty;
        
        "spending center" refers to a structures linked to the Agency for
        administrative, technical and logistical support and whose
        accounting officer is the Director-General of the Agency, namely,
        the Ministry for Intelligence Services, the National Intelligence
        Coordinating Committee, the Presidential Support Unit, the Office of
        the Inspector-General of Intelligence and the National
        Communications Centre.
        
        "spouse" means the registered husband or wife of a member to whom
        the member is married in terms of any law or custom recognised by
        law in the Republic of South Africa;
        
        "Strategic Executive Management" means Director-General or CEO, as
        the case may be, Deputy Director(s)-General and general managers
        within the respective Intelligence Services or the Academy, as the
        case may be, in terms of Chapter XVI;
        
        "suitably qualified person" means a person qualified for a position
        as a result of formal qualifications or prior learning, relevant
        experience or the capacity to acquire the ability to do the job
        within reasonable time;
        
        "supervisor" means the immediate supervisor of a member or member
        that supervises the function of the member at a given time;
        
        "Treasury Regulations" means the Treasury Regulations made in terms
        of the Public Finance Management Act, 1999 (Act 1 of 1999);
        
        "week" means a period of seven consecutive days;
        
        "workplace right" means an entitlement constituted by the applicable
        legislative framework and practices in the workplace; and
        
        any other word shall have the meaning assigned thereto in the Act.
        
    (c) In these Regulations, if the context of circumstances so admits or
        requires or unless otherwise specifically stated, the above-
        mentioned words and expressions shall have the meanings given to
        them and words importing, the singular shall be deemed to convey the
        plural, and vice versa.
    
    (3) Statutory Authorisation
    
    Section 37 of the Act authorises these Regulations.
    
    (4) Scope of Application
    
    These Regulations apply to persons, members, and to institutions
governed, in terms of the Act.
    
    (5) Repeal of Regulations and Transitional Arrangements
    
    All Intelligence Services Regulations made and in force under the
Intelligence Services Act, 1994 (Act 38 of 1994) including all amendments
thereof, are hereby repealed.
    
       (i)     Any matter contemplated under the Intelligence Services
               Regulations issued in terms of the Intelligence Services Act,
               1994 (Act 38 of 1994) that could be contemplated under any
               provision of these Regulations, must be deemed to have been
               contemplated under the relevant provision of these
               Regulations.
       
       (ii)    Despite the repeal of the Regulations, the transitional
               arrangements set out in Chapter XXVIII must apply.
    
    (6) Exceptional Cases
    
    If circumstances develop which justify deviation from the provisions
and measures in these Regulations, the Minister may under stated
circumstances make such determinations, issue directives or approve that
alternative provisions and measures be applied.
    
    (7) Official Text
    
    The English text is the official text of these Regulations.
    
    2. DELEGATIONS AND RESPONSIBILITIES
    
    (1) Application of the Regulation
    
    (a) To enable the Director-General or the CEO, as the case may be, to
        manage his or her Intelligence Service or Academy effectively and
        efficiently, the Minister must provide the Director-General and the
        CEO with appropriate powers and authority. For the same purpose, a
        Director-General or the CEO, as the case may be, must empower
        members in the Intelligence Services or the Academy, as the case may
        be, by means of appropriate delegations and authorisations, where
        necessary.
    
    (b) The Minister must set measurable objectives for the Intelligence
        Services and the Academy, optimally utilise the Intelligence
        Services' and the Academy's human and other resources and apply fair
        labour practices.
    
    (c) The Director-General or the CEO, as the case may be, must set
        objectives to -
    
       (i)     promote a strong organisational culture that reflects high
               standards, professionalism and moral integrity; and
       
       (ii)    constantly improve the objectivity, timeliness and accuracy
               of information and the quality of either its intelligence
               estimates and/or its core functions, as the case may be.
    
    (2) Delegations
    
    (a) If these Regulations confer a power or impose a duty upon the
        Minister, a Director-General or the CEO, as the case may be, he or
        she may, subject to the Act -
    
       (i)     delegate the power to a member or authorise a member to
               perform the duty; and
       
       (ii)    set conditions for the exercise of the power or performance
               of duty.
    
    (b) The Minister must record a delegation or authorisation in writing
        and may incorporate it in an employment contract for the Director-
        General or the CEO, as the case may be.
    
    (c) The delegation of power by the Minister, a Director-General or the
        CEO, as the case may be, does not prevent him or her from exercising
        the power personally.
    
    (3) Responsibilities
    
    (a) The Minister must uphold the applications and measures set out in
        these Regulations.
    
    (b) The Minister may not require or permit a Director-General, CEO, or
        any other member, as the case may be, to engage in an activity or
        take a decision in breach of these Regulations.
    
    (c) A Director-General or the CEO, as the case may be, must-
    
       (i)     ensure that members within his or her Intelligence Service
               or the Academy, as the case may be, comply with these
               Regulations and any other statutory obligations; and
       
       (ii)    deal immediately and effectively with any breach thereof.
    
    3. CHARACTER OF INTELLIGENCE
    
    (1) The Intelligence Services must provide evaluated information to
ensure the -
    
    (a) safeguarding of the Constitution;
    
    (b) upholding of the individual rights enunciated in the Bill of Rights
        contained in the Constitution;
    
    (c) promotion of the interrelated elements of security, stability,
        cooperation and development, both within the Republic of South
        Africa and in relation to Southern Africa;
    
    (d) achievement of national prosperity whilst making an active
        contribution to globally defined priorities for the well-being of
        humankind; and the
    
    (e) promotion of the Republic of South Africa's ability to face foreign
        threats and enhance its competitiveness in a dynamic world.
    
    (2) To fulfil their mandates, the Intelligence Services must ensure
that intelligence serves to -
    
    (a) provide policy makers with timeous, critical and unique information
        to warn them of potential risks and dangers;
    
    (b) identify opportunities in the international environment, through
        assessing real or potential competitors' intentions and
        capabilities; and to
    
    (c) assist good governance by providing honest and critical
        intelligence that highlights the weaknesses of government.
    
    (3) Intelligence must have at least all of the following attributes:
accuracy, relevance, predictive capacity, and an element of warning and
timeliness.
    
    (4) Effective intelligence requires the essential component of secrecy
with a need to be sensitive to the interests and values of a democratic
society.
    
    (5) The Intelligence Services and the Academy must recruit intelligent,
competitive and motivated individuals of integrity from all sectors of the
South African society to become intelligence officers. This requires a
multidisciplinary approach where these officers will be recruited from a
diversified pool, and an assurance that the rare skill which these
individuals have is retained.
    
    (6) The Intelligence Services and the Academy must uphold the
principles of integrity, objectivity and credibility. They must strive to
be relevant to the maintenance, promotion and protection of national
security.
    
    (7) The Intelligence Services and the Academy must be loyal to the
State and the Constitutional objectives.
    
    4. PROFILE OF AN INTELLIGENCE OFFICER
    
    (1) Attributes and qualities needed by a member to be successful as an
Intelligence Officer include -
    
    (a) faithfulness to the Republic of South Africa and the Constitution;
    
    (b) obedience to the laws of the Republic of South Africa;
    
    (c) disregard for a manifestly illegal order;
    
    (d) respect for the norms, values and principles of a democratic
        society including the basic human rights of individuals;
    
    (e) responsibility in the handling of information and intelligence, and
        the prevention, at all costs, of the unauthorised disclosure of
        national security interests;
    
    (f) the ability to facilitate an early warning system to assist policy
        makers in identifying harmful trends;
    
    (g) the ability to determine the cause and effect in order to find
        links in the chain of evidence, discerning between fact and fiction
        and distinguishing between essentials and non-essentials;
    
    (h) inquisitiveness, ingenuity, ability to attend to detail and express
        ideas clearly, correctly, concisely and completely;
    
    (i) facilitation of other opinions, ways of thinking and behaviour as
        well as understanding the reason for other people's thought
        processes and conduct;
    
    (j) flexibility and open-mindedness;
    
    (k) principal interests in serving intelligence while displaying
        moderation with regard to promoting own ambition and aspiring for
        personal reward;
    
    (l) compliance with the "need to know" principle;
    
    (m) integrity, trustworthiness, humanity and compassion;
    
    (n) strategising, displaying intuition and predictiveness;
    
    (o) knowledge of practical psychology to interpret an operational
        situation;
    
    (p) identification and keeping track of, and advising on political,
        economic, environmental and social developments nationally and
        internationally;
    
    (q) assistance in the development of effective control systems in order
        to maximise the collection of state revenue and reducing corruption,
        white-collar crime and mismanagement within state departments and
        public-sector agencies;
    
    (r) the ability to facilitate early preventive action and thereby
        avoiding unnecessary crises and devastating human cost;
    
    (s) the ability to memorise faces, events and places;
    
    (t) great patience;
    
    (u) proficiency in foreign languages in order to conduct operational
        tasks comfortably and readily;
    
    (v) courage and the ability to take risks;
    
    (w) simulating rage, or impatience, or sympathy, without losing control
        of emotions, hiding real feelings as well as assuming a false
        appearance, if needed;
    
    (x) conduct that upholds the integrity of the Intelligence Services or
        the Academy, as the case may be.
    
    (2) To engender the resolve to have an intelligence officer with the
qualities outlined above, the conditions of service of the Intelligence
Services and the Academy need to compare favourably with national and
international best practices.
    
    5. DRESS CODE
    
    (1) Members of the Intelligence Services and the Academy must be
appropriately and suitably dressed for each specific occasion.
    
    (2) The Director-General or the CEO, as the case may be, must implement
measures to ensure that members' dress, grooming and personal hygiene are
appropriate to the work situation.
    
    (3) It must be the responsibility of supervisors to ensure consistency
in compliance with the Intelligence Services' or Academy's dress code
policy.

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                                  CHAPTER V
                                      
       RECRUITMENT, SELECTION, APPOINTMENT AND TERMINATION OF SERVICE
    
    1. PURPOSE
    
    The purpose of this Chapter is to specify the -
    
    (a) requirements and procedures for recruitment, selection, appointment
        and termination of service in the Intelligence Services and the
        Academy; and
    
    (b) the conditions of service applicable to those persons recruited,
        selected, appointed and/or whose services are terminated in the
        Intelligence Services and the Academy, except those conditions
        relating to salaries, allowances and related benefits.
    
    2. APPLICATION OF THE REGULATION
    
    (1) The following are fundamental aspects-
    
    (a) accessibility - all positions within the Intelligence Services and
        the Academy must be filled on a basis of competition, and must
        therefore be advertised openly. Requests to waive advertising
        procedures and/or to appoint by invitation must be referred to the
        Director-General or CEO, as the case may be, for approval;
    
    (b) accountability - the Director-General or CEO, as the case may be,
        is accountable and the authority for recruitment and selection is
        vested with him or her;
    
    (c) equity - measures must be implemented to ensure that human resource
        practices are free from discrimination, invisible barriers and
        unjustness, which will impede equal employment opportunities;
    
    (d) fairness - actions and decisions must be objective, consistent and
        without prejudice;
    
    (e) transparency - recruitment and selection processes in the
        Intelligence Services and the Academy must be open, transparent and
        subject to internal scrutiny and audit;
    
    (f) professionalism - recruitment and selection processes must be
        conducted professionally, competently and depict the highest ethical
        standards.
    
    (2) Recruitment far rare or scarce skills in the competitive market
must require the use of both advertising and headhunting.
    
    (3) Recruitment and selection within the Intelligence Services and the
Academy must be guided and informed by a properly instituted human resource
plan, derived from the Intelligence Services' or the Academy's, as the case
may be, strategic planning processes.
    
    (4) All matters relating to the filling of positions within the
Intelligence Services or the Academy, as the case may be, must be
coordinated and handled by the structure responsible for recruitment and
selection within the respective Intelligence Services or the Academy.
    
    3. REQUIREMENTS FOR APPOINTMENT
    
    (1) Any person may apply for appointment in the Intelligence Services
or the Academy, as the case may be, if the person -
    
    (a) is a South African citizen;
    
    (b) is at least eighteen (18) years old;
    
    (c) is mentally and physically fit to perform the functions required by
        the Intelligence Services or the Academy, as the case may be;
    
    (d) meets the educational standards determined by the Intelligence
        Services or the Academy, as the case may be;
    
    (e) meets the security requirements determined by the Intelligence
        Services or the Academy, as the case may be;
    
    (f) is prepared to affirm and uphold the Declaration of Allegiance;
    
    (g) is prepared to undergo training as may be required from time to
        time; and
    
    (h) is prepared to be subjected to the Code of Conduct for Intelligence
        Workers, and all applicable regulations and directions of the
        Intelligence Services or the Academy, as the case may be.
    
    (2) An applicant may not be appointed in the Intelligence Services or
the Academy, as the case may be, unless he or she has successfully
undergone the required medical testing, psychological testing and any other
related assessments and examinations as may at the time of application
reasonably be required by the Intelligence Services or the Academy, as the
case may be.
    
    (3) The Director-General or CEO, as the case may be, may, subject to
Chapter XV, issue directives on the tests and assessments required for
various occupational groups.
    
    (4) An applicant's profile must be aligned with the desired attributes
of an Intelligence Officer contemplated in Chapter 1.
    
    (5) The Minister may after consultation with the Director-General or
CEO, as the case may be, issue guidelines on the recruitment and
appointment of Deputy Director(s)-General, Assistant Director(s)-General,
general managers, managers and members on equivalent post levels, and
members to be posted to foreign offices.
    
    4. APPLICATION FOR APPOINTMENT
    
    (1) When applying for a position in the Intelligence Services or the
Academy, as the case may be, the applicant must -
    
    (a) duly complete the application form;
    
    (b) submit satisfactory proof of citizenship;
    
    (c) submit satisfactory proof of age;
    
    (d) submit satisfactory proof of having attained the required
        educational and training standard;
    
    (e) submit the information as requested to facilitate the security
        screening;
    
    (f) submit satisfactory documentary proof of the applicant's
        matrimonial or partnership status, as well as parenthood of natural
        or adopted children; and
    
    (g) any other documentation that may be required from time to time by
        the Intelligence Services or the Academy, as the case may be.
    
    (2) A member of the Intelligence Services or the Academy, as the case
may be, may apply for an advertised post within the Intelligence Services
or the Academy, as the case may be, for which he or she is eligible in
terms of inherent requirements for the job: Provided that where a post is
at a higher level the member must have completed at least a period of one
(1) year in his or her current post.
    
    (3) A member who intends to apply for another post must notify his or
her current supervisor prior to such an application.
    
    (4) Where members of the Intelligence Services or the Academy, as the
case maybe, are headhunted or talent spotted, the headhunting or talent
spotting management must inform the management of the affected member:
Provided the conditions stipulated in regulation 4(2) are observed.
    
    (5) Whenever an applicant is required to submit a document as proof of
a fact and is unable to submit the original or a certified copy of the
document, he or she may submit a sworn or confirmed affidavit in
affirmation of the fact to be proved and state the reason for the
unavailability of the original or certified copy: Provided that the
Director-General or CEO, as the case may be, may take steps to verify the
contents of such documentation.
    
    5. FILLING OF POSTS
    
    A process contemplated in Chapter II must precede the filling of newly
created or existing vacant posts.
    
    6. METHODS OF RECRUITMENT (1) Advertising
    
    (a) Vacant posts may be advertised both internally within the
        Intelligence Services or the Academy, as the case may be, and
        externally, with a specific job level indicated. Preference must be
        given to members.
    
    (b) The Director-General or CEO, as the case may be, may waive
        advertising procedures, and by invitation appoint a person to fill a
        post according to the provisions contemplated in regulation 8(3).
    
    (c) The advertisement must specify the requirements and criteria set
        for the post.
    
    (d) The structure responsible for recruitment and selection within each
        of the Intelligence Services or the Academy, as the case may be,
        must be responsible for the compilation of the advertisement, in
        consultation with the relevant line management.
    
    (e) Care should be taken not to include any potentially discriminating
        criteria in the advertisement of posts.
    
    (f) The closing date for applications must allow sufficient time for
        potential applicants to receive relevant information on the post,
        and to submit their applications within the given period.
    
    (g) Applications must be forwarded and registered by the structure
        responsible for recruitment and selection within each of the
        Intelligence Services or the Academy, as the case may be. The
        relevant structure must acknowledge receipt of all applications.
    
    (2) Headhunting
    
    (a) Headhunting as a method of recruitment may be used simultaneously
        with advertising according to regulation 6(1).
    
    (b) Headhunting measures may be used to identify and invite a number of
        applicants with specific relevant skills, which are not readily
        available in the open market.
    
    (c) The Intelligence Services or the Academy, as the case may be, may
        utilise the services of registered and security-cleared recruitment
        consultancies to reach a targeted pool of persons, and to enhance
        the headhunting capacity.
    
    (3) Talent spotting
    
    Talent spotting may be utilised to identify persons with specific
talents and skills for recruitment.
    
    7. SELECTION PROCESS
    
    (1) The selection process must consist of the following three (3)
phases-
    
    (a) pre-selection;
    
    (b) selection, and
    
    (c) post-selection.
    
    (2) The General Manager responsible for Human Resources must ensure the
coordination of the three selection phases and submission of reports to the
Appointment and Selection Board for processing.
    
    (3) The pre-selection phase consists of -
    
    (a) shortlisting;
    
       (i)     this must take place as soon as is possible after the
               closing date for the submission of applications;
       
       (ii)    the structure responsible for recruitment and selection
               must conduct a preliminary shortlisting of applicants;
       
       (iii)   the interview panel must meet to plan the selection
               criteria prior to the interviews.
    
    (b) reference and preliminary security checks on short-listed
        applicants prior to interviews.
    
    (4) The interview panel provides the requirements and criteria set for
the post to all assessment units.
    
    (5) The interview panel must be constituted prior to the commencement
of the selection process.
    
    (6) The interview panel must be representative in terms of gender and
race, and consist of a member from -
    
    (a) line management;
    
    (b) human resources; and
    
    (c) a member from a component outside the component the candidate is
        interviewed for.
    
    (7) The selection phase consists of panel interviews and assessments as
follows -
    
    (a) panel interviews;
    
       (i)     these interviews must take place within a reasonable period
               after the pre-selection phase has been concluded.
       
       (ii)    the overall purpose of the interview is to -
       
               (aa) provide information about the nature of the
               Intelligence Services or the Academy, as the case may be, and
               the responsibilities attached to the post;
       
               (bb) elicit information on the applicant's previous
               experience and qualifications insofar as they relate to the
               job requirements;
       
               (cc) assess competence, particularly behavioural attributes
               and language ability; and
       
               (dd) afford the line manager an opportunity to have
               personal interaction with the applicants.
       
       (iii)   the interviews and/or questions must be based on
               competencies determined by the Director-General or CEO, as
               the case maybe.
    
    (b) assessments;
    
       (i)     assessment tests must be conducted by trained assessors.
       
       (ii)    the assessment process must be competency-based and may
               include the following tests -
       
               (aa) conventional assessment centre exercises;
       
               (bb) psychometric tests;
       
               (cc) medical tests; and
       
               (dd) job samples.
       
    (8) The post-selection phase consist of -
    
    (a) security screening, that may commence at anytime during the
        selection process.
    
    (b) Selection and Appointment Board;
    
       (i)     A Selection and Appointment Board must be constituted
               within the respective Intelligence Services or the Academy,
               as the case may be: Provided that the Minister may determine
               that a Selection and Appointment Board may be established for
               a spending center within the Agency, comprising -
       
               (aa) The Head responsible for the Human Resources function;
       
               (bb) The senior manager responsible for coordination of
               human resources in the spending centre the candidate is
               interviewed for, where relevant;
       
               (cc) The Head or a designated member responsible for
               Internal Security;
       
               (dd) The manager of the post to be filled;
       
               (ee) A member designated by the Board to be the
               chairperson; and
       
               (ff) The Chairperson of the Staff Council.
       
       (iii)   the functions of the Board are to-
       
               (aa) receive all selection assessments from the assessment
               panel;
       
               (bb) consolidate recommendations or findings of the various
               assessment units that conducted the assessments;
       
               (cc) to evaluate the recommendations and to select the
               successful candidate in accordance with requirements and
               criteria set for the post;
       
               (dd) to inform the applicant with regard to the conditions
               of service applicable to the Intelligence Services or the
               Academy, as the case may be.
       
       (iv)    the Board must record and submit reasons for its decisions
               and or recommendations to the Minister, the Director-General
               or CEO, as the case may be.
    
    8. APPOINTMENTS
    
    (1) The Minister, the Director-General or CEO, as the case may be, must
make an appointment after satisfying himself or herself that the applicant
meets all the requirements and criteria set for the post, and as
recommended by the Selection and Appointment Board.
    
    (2) Where the Minister, the Director-General or CEO, as the case may
be, does not accept the recommendation of the Board, he or she must record
the reasons for such in writing.
    
    (3) The Minister, the Director-General or CEO, as the case may be, may,
by invitation, appoint a person in exceptional circumstances outside the
process contemplated in regulation 7. Exceptional circumstances refer to -
    
    (a) redeployment to resolve personal circumstances, redundancy
        situations or a member returning from a foreign posting;
    
    (b) appointment to a new or different position where such appointment
        forms part of a restructuring process: Provided that redeployment
        and/or appointment in a new position must be finalised after
        consultation with the member concerned;
    
    (c) transfer to a vacant post with a view to meeting employment equity
        requirements;
    
    (d) securing a particular person with scarce skills, not readily
        available in the Intelligence Services or the Academy, as the case
        may be;
    
    (e) contract employment contemplated in regulation 12, to address a
        particular need; and
    
    (f) where the Minister, the Director-General or CEO, as the case may
        be, is convinced that such appointment may be in the best interest
        of the Intelligence Services or the Academy, as the case may be.
    
    9. SECONDMENT
    
    (1) The Minister, the Director-General or CEO, as the case may be, may,
on such conditions as may be determined by him or her and with the consent
of a member, second such a member to another Public Service Department, any
entity or Intelligence Service or the Academy under the control of the
Minister for a particular service and/or for a period of time.
    
    (2) The recipient Public Service Department or entity or Intelligence
Service or the Academy under his or her control must bear the inclusive
costs of secondment, unless the agreement states otherwise.
    
    10. ACTING IN A HIGHER MANAGEMENT POST
    
    (1) The Minister, Director-General or CEO, as the case may be, may
appoint a member to act in a higher management post.
    
    (2) A member in a post, one level lower than the vacant post or on an
equivalent level to the vacant post or on a level higher than the vacant
post, may be appointed by the Minister, the Director-General or CEO, as the
case may be, to act in a management post for a period not exceeding twelve
(12) months.
    
    (3) The Minister, Director-General or CEO, as the case may be, may
appoint a member on a lower level to act in a management post: Provided
that -
    
    (a) a suitable member in a post contemplated in regulation 10(2) is not
        available, and
    
    (b) such an appointment is for a period not exceeding three (3) months.
    
    (4) The Director-General or CEO, as the case may be, must compensate
such a member for acting in a higher vacant management post (M-level posts)
in the form of an allowance if the acting period exceeds 44 consecutive
working days contemplated in Chapter VII.
    
    (5) A member may not act in more than one post at the same time.
    
    11. EXTERNAL TRANSFERS
    
    The Minister, the Director-General or CEO, as the case may be, must
approve all external transfers, including transfers from one Intelligence
Service to another or to the Academy and vice versa, as the case may be:
Provided that transfers on account of public interest may only be approved
by the Minister.
    
    12. APPOINTMENT OF CONTRACT WORKERS
    
    (1) A contract must be concluded between the person and the
Intelligence Services or the Academy, as the case may be.
    
    (2) The contract of employment must stipulate all the terms and
conditions of employment.
    
    13. RE-APPOINTMENT OF FORMER MEMBERS
    
    The Minister, Director-General or CEO, as the case may be, may not re-
appoint a former member as a member if -
    
    (a) he or she left the Intelligence Services or the Academy, as the
        case may be, sooner than the formal retirement age on condition that
        he or she would not accept or seek re-appointment;
    
    (b) he or she took a severance package on condition that he or she
        would not accept or seek re-appointment;
    
    (c) the original grounds for termination of service outweigh the need
        or request for re-appointment; or
    
    (d) the former member left the Intelligence Services or the Academy, as
        the case may be, due to ill health and is unable to provide recent
        and conclusive medical evidence of recovery.
    
    14. PROBATION
    
    (1) All new appointments within the Intelligence Services or the
Academy, as the case may be, including transfers from other Public Service
Departments or Public entities, are subject to a twelve-month (12)
probation period, except that the -
    
    (a) Minister, Director-General or CEO, as the case may be, may exempt a
        person who is transferred to the Intelligence Services or the
        Academy, as the case may be, from any organ of state if the person
        concerned; immediately prior to the transfer, served in a permanent
        capacity in that organ of state; and
    
    (b) the probation period of newly appointed learner-technicians must be
        equal to the minimum period needed to obtain the minimum educational
        qualifications or to complete the technical training required by the
        Intelligence Services or the Academy, as the case may be.
    
    (2) A Director-General or CEO, as the case may be, may extend a
probation period for a maximum of six (6) months, if he or she has reason
to believe that it will be in the interest of the concerned Intelligence
Service or Academy, as the case may be, to do so, according to Chapters
XVIII and IX.
    
    (3) A member's permanent appointment maybe confirmed by the Director-
General or CEO, as the case may be, if the general manager of a member on
probation certifies that the member has, during the period of probation or
extended period of probation, complied with the conditions and requirements
of the concerned Intelligence Service or the Academy, as the case may be.
    
    (4) A general manager of a member on probation must ensure that -
    
    (a) the member, at the commencement of the probationary period, knows
        the performance and other requirements for obtaining confirmation of
        appointment;
    
    (b) the member, on a quarterly basis, receives written feedback on his
        or her performance and compliance with other requirements;
    
    (c) if necessary, the member receives training, counselling or other
        assistance to meet the requirements for confirmation;
    
    (d) the member receives written confirmation of appointment at the end
        of the probationary period, if he or she has been found suitable for
        the relevant post; and
    
    (e) the member, subject to a procedure contemplated in Chapters XVIII
        to XX, when dismissal is considered as a result of misconduct, poor
        performance or medical unfitness, is afforded the opportunity to
        state his or her case during which process the member may be
        assisted by a representative: Provided that such a representative
        must be a member of the Intelligence Services or the Academy, as the
        case may be, and has the right to accept or refuse to do so.
    
    15. TERMINATION OF SERVICE
    
    (1) The service of a member of the Intelligence Services or the
Academy, as the case may be, may be terminated upon -
    
    (a) the retirement of the member;
    
    (b) the resignation or voluntary retrenchment of the member;
    
    (c) death;
    
    (d) the non-confirmation of a probationary appointment; or on account
        of
    
    (e) misconduct;
    
    (f) medical unfitness;
    
    (g) poor performance;
    
    (h) operational requirements;
    
    (i) public interest;
    
    (j) absence without the permission of the Director-General or CEO, as
        the case may be, for a period exceeding fourteen (14) consecutive
        days;
    
    (k) absence as a result of other employment;
    
    (l) security considerations;
    
    (m) instigation of or participation in a strike;
    
    (n) imprisonment without the option of a fine; or
    
    (o) upon failure to meet probation requirements.
    
    (2) The retirement, resignation or voluntary retrenchment of Deputy
Director(s)-General, Assistant Director(s)-General, general managers and
managers or members in equivalent posts must be noted by the Minister.
    
    (3) Unless the Minister, the Director-General or CEO, as the case may
be, determines otherwise, the resignation of a member in respect of whom
any hearings, inquiries or proceedings instituted in terms of the Act and
these Regulations are pending, may not take effect until the completion of
the hearings, procedure or inquiry. If a member resigns, the Director-
General or CEO, as the case may be, may deem the resignation as a
discharge.
    
    (4) A member may resign voluntarily if he or she has given the Director-
General or CEO, as the case may be, at least 30 calendar days written
notice of the intention to resign: Provided that the -
    
    (a) notice period may be reduced by the Minister, the Director-General
        or CEO, as the case may be, on the request of the member; or
    
    (b) the Minister, the Director-General or CEO, as the case may be, may
        accept the resignation of the member at any time prior to the expiry
        of the notice period without loss to any employment-related benefits
        that the member would have been entitled to up to the end of the
        notice period.
    
    16. PROCEDURE APPLICABLE TO MEMBERS ON PROBATION
    
    The procedure contemplated in Chapter XVIII applies to members on
probation in the case of disciplinary procedure and Chapter XIX in the case
of poor performance.
    
    17. EXIT INTERVIEWS
    
    (1) The structure responsible for human resources must conduct exit
interviews with all departing members: Provided that the Director-General
or CEO, as the case may be, may nominate any other structure to participate
during the interviews.
    
    (2) The information gathered during the exit interviews must be used to
address problems relating to personnel turnover and, where relevant, for
security purposes.
    
    (3) Where circumstances dictate, the panel conducting the exit
interview may include representation from the structure responsible for
internal security.
    
    18. MEMBER RECORDS
    
    The Intelligence Services or the Academy, as the case may be, must keep
records of each member and each post on the approved establishment in
accordance with the security and confidentiality requirements issued by the
Minister as well as the provisions of the National Archives of South Africa
Act, 1996 (Act 43 of 1996).

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                                 CHAPTER VI
                                      
    CADET RECRUITMENT AND TRAINING
    
    1. PURPOSE
    
    The purpose of this Chapter is to specify the -
    
    (a) requirements and procedures for the recruitment and placement of
        cadets in the intelligence Services or the Academy, as the case may
        be;
    
    (b) training period of cadets in the Academy or other recognised
        training institutions; and the
    
    (c) conditions applicable to cadets placed in the Intelligence Services
        or the Academy, as the case may be.
    
    2. RECRUITMENT
    
    (1) The Director-General and CEO, as the case may be, may recruit
cadets at institutions of Higher Learning as defined in the Higher
Education Act, 1997 (Act 101 of 1997).
    
    (2) The Director-General or CEO, as the case may be, may under
exceptional circumstances recruit a limited number of cadets directly from
high schools: Provided that recruited cadets are in Grade 12.
    
    (3) The CEO must establish a committee, responsible for the selection
of cadets, comprising-
    
    (a) the Deputy Head of the Academy;
    
    (b) a senior manager who performs a human resources function within the
        Intelligence Services, a spending agency or the Academy, as the case
        may be;
    
    (c) a General Manager representing line function;
    
    (d) a member from the Ministry responsible for Public Relations;
    
    (e) a senior manager responsible for training in the Academy.
    
    (5) The Intelligence Services or the Academy, as the case may be, may
provide study bursaries to recruited cadets, under circumstances determined
by the Director-General or CEO, as the case may be, and contemplated in
Chapter XIV.
    
    (6) The rules applicable to study bursaries to members of the
Intelligence Services or the Academy, as the case may be, must apply to
cadets.
    
    3. ASSESSMENTS
    
    (1) Cadets must prior to placement at the Academy, undergo relevant
assessment tests and exercises to determine their suitability for placement
at the Academy.
    
    (2) The CEO may, after consultation with the Intelligence Services and
the NCC, issue directives on the assessment programmes for cadets.
    
    4. ADMITTANCE TO THE ACADEMY
    
    (1) The CEO may issue directives on the -
    
    (a) qualifying requirements that need to be met by each student for
        admittance to the Academy;
    
    (b) training curriculum and relevant learnership programmes for cadets;
    
    (c) duration of the training programme for cadets.
    
    (2) No cadet may be placed at the Academy without a security screening
certificate unless the Minister has issued a temporary clearance
certificate in accordance with section 14(6) of the Act.
    
    5. CONDITIONS OF SERVICE
    
    (1) All cadets must be employed on contract during the training period:
Provided that the terms and conditions of the contract are determined by
the Minister after consultation with the Director-General and the CEO.
    
    (2) A cadet may not be a member of a trade union.
    
    (3) A cadet is not a member as defined in the Act.
    
    6. PERMANENT EMPLOYMENT AND PLACEMENT
    
    (1) A cadet may be appointed in an Intelligence Service or the Academy,
as the case may be, after successful completion of the learnership
programme.
    
    (2) For permanent employment within the Intelligence Services or the
Academy, as the case may be, a cadet must comply with the recruitment,
selection and appointment requirements contemplated in Chapter V.
    
    (3) For purposes of placement, a cadet must have successfully undergone
competency assessment tests and a security clearance test according to the
provisions of Chapter V.
    
    (4) The CEO must establish a selection board to consider the various
assessment reports, including the learnership results, comprising -
    
    (a) Deputy Directors-General responsible for core and human resource
        function within the Intelligence Services or a spending center as
        the case may be;
    
    (b) the Deputy Head of the Academy;
    
    (c) general managers responsible for the relevant core functions and
        human resources;
    
    (d) the Chairperson of the Staff Council.
    
    7. EXIT PROCEDURE
    
    (1) A cadet who does not -
    
    (a) comply with the requirements for appointment in the Intelligence
        Services or the Academy, as the case may be;
    
    (b) successfully complete the prescribed courses at the Academy; or
    
    (c) qualify for placement within a specific post, in the Intelligence
        Service or the Academy, may be placed as follows -
    
       (i)     within the Public Service;
       
       (ii)    within another institution determined by the Director-
               General or CEO, as the case may be, or
       
       (iii)   in a cover environment on contract:
    
    Provided that if a cadet does not meet the academic criteria for
admittance, he or she must re-register for the cadet programme within a
period of one (1) year.
    
    (2) Notwithstanding the provisions of regulation 7(1), the CEO may
terminate the contract of a cadet who does not meet the requirements
contemplated in regulation 7(1) or in terms of Chapters XVIII or XIX
according to procedures applicable to members on probation or in terms of
Chapter XX.
    
    (3) The CEO may accept a cadet's request for termination of the
contract.
    
    8. PROBATION
    
    After appointment of a cadet as a member in the Intelligence Services
or the Academy, as the case may be, he or she must be on probation for a
period of twelve (12) months according to the provisions contemplated in
Chapter V.

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                                CHAPTER XXIII
                                      
     VETERANS ASSOCIATION
    
    1. PURPOSE
    
    The purpose of this Chapter is to provide a regulatory framework for
the formation of a Veterans Association for former members who would like
to serve the Association.
    
    2. APPLICATION OF THE REGULATION
    
    (1) The formation of a Veterans Association must be according to the
"Intelligence Officer for Life" principle.
    
    (2) The Veterans Association must represent the interest of its members
at national level.
    
    (3) The Veterans Association, the Intelligence Services and the Academy
must establish and maintain a close relationship with each other.
    
    (4) The Veterans Association must promote comradeship and social
interest among the members of the Association.
    
    (5) The Veterans Association may not discriminate against any member of
the Association on one or more grounds, including race, gender, sex,
marital status, ethnic or social origin, colour, sexual orientation, age,
disability, religion, HIV-status, conscience, belief, political opinion,
culture, and language.
    
    3. HEADQUARTERS
    
    The seat of the headquarters of the Veterans Association must be
determined by the Executive Committee contemplated in regulation 9.
    
    4. LANGUAGE
    
    (1) English must be the official language.
    
    (2) Affiliated groups may decide which language(s) they must use within
the groups: Provided that all correspondence is conducted in English.
    
    5. PATRON
    
    The Minister or a person delegated by the Minister must act as the
Veterans Association's patron.
    
    6. MEMBERSHIP OR AFFILIATION
    
    (1) Membership to the Veterans Association is voluntary.
    
    (2) A former member of the Intelligence Services or the Academy, as the
case may be, or the widow or widower of a retired member or groups of
retired members, may obtain membership without any restriction on location
whether inside or outside the borders of the Republic of South Africa:
Provided that such a former member was not discharged from the Intelligence
Services or the Academy, as the case may be, due to misconduct contemplated
in Chapter XVIII or poor performance contemplated in Chapter XIX.
    
    (3) Membership or affiliation may be granted to individuals and groups
who apply in writing to the Veterans Association Board.
    
    (4) A minimum of ten (10) former members of the Intelligence Services,
who comply with the criteria contemplated in regulation 6(2), may affiliate
with the Veterans Association as a group.
    
    (5) If former members, regardless of the reason, prefer not to join an
affiliated group, the Association must accommodate such persons as members:
Provided that -
    
    (a) they comply with the criteria contemplated in regulation 6(2);
    
    (b) such members accept that they must forgo the social togetherness
        and support that are characteristic of affiliated groups; and
    
    (c) that they do not have the right to vote at the annual or any
        special general meeting.
    
    7. TERMINATION OF MEMBERSHIP
    
    Membership of an affiliated group or as an associate member may be
terminated after a notice period of 30 consecutive days if -
    
    (a) such an affiliated group or individual terminates membership in
        writing at a date prior to the date the affiliation/membership fee
        is payable;
    
    (b) an affiliated group or individual continually fails to pay the
        affiliation/membership fee after a written reminder by the National
        Board;
    
    (c) a newly registered affiliated group or individual fails to pay the
        affiliation/membership fee;
    
    (d) it was found after an investigation that the Association was
        dishonoured or embarrassed by an individual member or affiliated
        group's conduct to the extent that the objectives of the Association
        were prejudiced.
    
    8. MEMBERSHIP OR AFFILIATION FEE
    
    (1) An affiliation fee for affiliated groups and individuals must be
determined annually at a general meeting. Associate members must be
assessed individually on the same basis as members of affiliated groups and
fees are payable in advance.
    
    (2) It is the responsibility of the National Board to revise the
affiliation fee annually.
    
    9. COMPOSITION OF THE VETERANS ASSOCIATION
    
    (1) National Board
    
    (a) The Association must be governed and managed by a National Board
        consisting of -
    
       (i)     a chairperson;
       
       (ii)    a vice chairperson;
       
       (iii)   a secretary;
       
       (iv)    a treasurer;
       
       (v)     the chairperson of each affiliated group (ex-officio
               members);
       
       (vi)    a maximum of two (2) co-opted members who must be members
               of the Association;
       
       (vii)   a manager whose responsibility incorporate the Veterans
               Association within the Intelligence Services.
    
    (b) The election procedures are as follows -
    
       (i)     notice of the annual general meeting, the date, venue and
               time must be given to affiliated groups and associate members
               at least three (3) months in advance of the meeting;
       
       (ii)    the notification must include a nomination form;
       
       (iii)   on receipt of the notification, affiliated groups must
               arrange for their own annual general meeting to take place at
               least 30 consecutive days prior to the annual general meeting
               of the Association -
       
               (aa) candidates must be nominated for the respective
               positions in a manner decided upon by the affiliated group
               itself;
       
               (bb) nominees must accept their nomination in writing and
               this must reach the secretary of the National Board not later
               than four (4) consecutive days prior to the date of the
               annual general meeting;
       
               (cc) all valid nominations for the election of the
               respective positions must be presented at the annual meeting
               and the election of members to the National Board must be
               made by means of secret ballot.
    
    (2) Executive Committee
    
    (a) The Executive Committee must consist of a chairperson, a vice
        chairperson, a secretary, a treasurer and an additional member
        elected by the National Board for this purpose.
    
    (b) It is the responsibility of the Executive Committee to ensure
        effective daily functioning of the Association. Their functions must
        include addressing of general enquiries, processing membership
        applications and to providing approval to the treasurer of the
        National Board for ongoing expenses.
    
    (c) The Executive Committee may act on behalf of the Board for the day-
        to-day managing of the Association: Provided that the Committee
        reports to the Board on all decisions taken.
    
    10. FUNCTIONS OF THE NATIONAL BOARD
    
    The Board is responsible for -
    
    (a) annual planning;
    
    (b) meeting objectives set out for the Association;
    
    (c) the execution of objectives and directives decided upon at the
        annual general meeting;
    
    (d) written communication of decisions and directives to all affiliated
        members;
    
    (e) regular meetings;
    
    (f) assuring that proper records are kept of decisions taken at such
        meetings;
    
    (g) generating donations and affiliation fees and ensuring that proper
        record is kept of all income and expenditure according to sound
        financial principles and as determined by the Minister from time to
        time.
    
    11. AFFILIATED GROUPS
    
    Affiliated groups must promote the general welfare and communal spirit
of their members, including social needs and any other need arising from
sickness or personal circumstances. In addition they must, in a spirit of
cooperation support other affiliated groups and the Board of the
Association.
    
    12. DISBANDMENT OF THE ASSOCIATION
    
    (1) The annual general meeting or a special general meeting may, if
convened and constituted for this purpose and by a majority vote, decide to
disband the Association and dispose of its assets.
    
    (2) If an annual general meeting cannot be convened, the Board may be
convened, or should the Board fail to convene, the Executive Committee may,
on behalf of the Board address a notice to all affiliated groups in which
the intention and reasons to disband the Association are set out. The
notice must be accompanied by ballot papers to enable members to vote on
this aspect.
    
    (3) A return date of at least 21 consecutive days, calculated from the
day on which the notice was posted or otherwise issued, must be set as
return date for the ballot papers. Should the majority of the returned
votes be in favour of the disbandment, the Board or Executive Committee,
according to the circumstances, may disband the Association after all debts
have been paid.
    
    (4) The National Board and/or the Executive Committee, as the case may
be, must decide how to dispose of any remaining funds or assets of the
Association and associated members must be advised accordingly.
    
    13. RESPONSIBILITY OF THE INTELLIGENCE SERVICES AND THE ACADEMY FOR THE
ASSOCIATION
    
    (1) The Intelligence Services and the Academy must, on a monthly basis,
contribute an amount to the Association to enable it to render its
services.
    
    (2) The Executive Committee of the Association must be invited to
attend the annual year-end function of the Intelligence Services and the
Academy.
    
    (3) The Minister may host a function for the members of the
Association.

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                                CHAPTER XXIV
                                      
    RESTRICTIONS OF FORMER MEMBERS
    
    1. PURPOSE
    
    The purpose of this Chapter is to regulate the manner in which any
former member of the Intelligence Services or the Academy, as the case may
be, may apply -
    
    (a) for consent to disclose classified information in terms of the Act;
        and/or
    
    (b) for a clearance certificate permitting employment in the private
        security industry.
    
    2. CONFIDENTIALITY
    
    No person who comes into possession of information as a result of an
application or appeal made in terms of this Chapter may disclose such
information unless -
    
    (a) the Director-General or CEO, as the case may be, consents to such
        disclosure; or
    
    (b) such disclosure is authorised by the Act, this Chapter or a Court
        order.
    
    3. APPLICATION FOR CONSENT TO DISCLOSE CLASSIFIED INFORMATION
    
    (1) Application
    
    (a) Any former member who applies for the disclosure of classified
        information in terms of the Act must do so according to form 1
        contained in Appendix A.
    
    (b) The application must inter alia contain -
    
       (i)     details of the classified information which form the
               subject of the application;
       
       (ii)    the reasons for disclosure of the information;
       
       (iii)   the purpose for which the information will be used;
       
       (iv)    details of any person who may receive the information;
       
       (v)     the manner in which the information will be disclosed.
    
    (c) If the Director-General or CEO, as the case may be, is of the
        opinion that he or she has been provided with insufficient
        information in the application, he or she may -
    
       (i)     reject the application; or
       
       (ii)    request further written information.
    
    (2) Hearing
    
    (a) The Director-General or CEO, as the case may be, may, at his or her
        discretion, request the former member to appear at a hearing for the
        purpose of considering the application.
    
    (b) The Director-General or CEO, as the case may be, must determine the
        date for and place of the hearing.
    
    (c) The former member may attend the hearing, but at his or her own
        expense.
    
    (d) If the former member refuses or fails to attend a hearing when he
        or she was requested by the Director-General or CEO as the case may
        be, to do so according to regulation 3(2)(a), the respective
        Director-General or CEO may make his or her decision on the
        information available.
    
    (3) Decision and record of hearing
    
    (a) The Director-General or CEO, as the case may be, must make a
        decision within a period not exceeding 30 consecutive days upon
        receiving the application.
    
    (b) The Director-General or CEO, as the case may be, must inform the
        former member of his or her decision, in writing, within a period of
        twenty (20) consecutive days after reaching a decision.
    
    (c) The decision of the Director-General or CEO, as the case may be,
        accompanied by a record of the hearing must be provided to the
        former member who applied. This notification must include -
    
       (i)     the name and address of the former member;
       
       (ii)    a brief description of the application;
       
       (iii)   if the application is approved, the conditions upon which
               the consent is provided, which must include -
       
               (aa) the manner of disclosure;
       
               (bb) the information that may be disclosed;
       
               (cc) to whom the information may be disclosed.
       
       (iv)    the date of the decision;
       
       (v)     if the application is unsuccessful, the reason(s) for the
               Director-General's or CEO's, as the case may be, decision;
       
       (vi)    the right of the former member to appeal against the
               Director-General's or CEO's, as the case may be, decision
               and/or the conditions to the Minister.
    
    (d) The Director-General or CEO, as the case may be, must keep record
        of all applications made to him or her as well as of decisions made
        by him or her.
    
    4. APPLICATION FOR A CLEARANCE CERTIFICATE PERMITTING EMPLOYMENT IN THE
PRIVATE SECURITY INDUSTRY
    
    (1) Application
    
    (a) A former member who applies for a clearance certificate to render a
        security service in terms of the Act must do so according to form 2
        contained in Appendix A.
    
    (b) The application must contain the following -
    
       (i)     detailed description of the nature of the service to be
               rendered;
       
       (ii)    skills, knowledge or information gained while in the
               service of the Intelligence Services or the Academy, as the
               case may be, that may be utilised by him or her in rendering
               the intended service;
       
       (iii)   detail of the person(s), if any, in whose service he or she
               will be;
       
       (iv)    details of the business, if any, he or she plans to start;
       
       (v)     person(s) to whom the intended service will be provided.
    
    (2) Decision
    
    (a) The Director-General or CEO, as the case may be, must make a
        decision within a period not exceeding 30 consecutive days upon
        receiving the application.
    
    (b) Where the Director-General or CEO, as the case may be, is of the
        opinion that the information provided is insufficient, he or she may
        request further information.
    
    (c) The Director-General or CEO, as the case may be, must inform the
        former member of his or her decision in writing within a period of
        twenty (20) consecutive days after reaching a decision as well as
        his or her right to appeal to the Minister.
    
    5. APPEALS
    
    (1) Right to appeal
    
    (a) A former member may appeal to the Minister against the decision of
        the Director-General or CEO, as the case may be, in terms of
        regulations 3 or 4.
    
    (b) The appeal must be lodged with the Minister within a period of 30
        consecutive days upon receipt of the decision of the Director-
        General or CEO, as the case
    
    (c) An appeal against a decision of the Director-General or CEO, as the
        case may be, must be accompanied by the record of the hearing
        contemplated in regulation 3.
    
    (d) The appeal must be served on the Director-General or CEO, as the
        case may be.
    
    (e) The Director-General or CEO, as the case may be, must forward all
        relevant documentation to the Minister and former member who applied
        within a period of twenty (20) consecutive days upon receipt of the
        appeal.
    
    (f) The former member may supplement his or her appeal within a period
        of fourteen (14) consecutive days upon receiving documentation in
        terms of regulation 5(2)(e).
    
    (3) The decision of the Minister
    
    The Minister concludes the appeal by informing the former member who
applied and the Director-General or CEO, as the case may be, of his or her
decision in writing.
    
    Click here to see abovementioned forms on pages 54-65
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                                CHAPTER XXVI
                                      
  SECURITY SCREENING
    
    1. GENERAL
    
    (1) These security screening regulations provide a framework for
determining the security competency of a person or member.
    
    (2) All information acquired during a security screening investigation
procedure must be treated with confidentiality and may not be used for any
other purpose except for determining the security competency of the person
or member with due regard for section 2(1)(b)(iii) of the National
Strategic Intelligence Act, 1994 (Act 39 of 1994).

    (3) The security screening investigation procedure may only be used to -
    
    (a) protect the Intelligence Services and the Academy from foreign and
        hostile intelligence operations;
    
    (b) safeguard the Intelligence Services and the Academy from the
        unauthorised dissemination or disclosure of classified information
        and material; and
    
    (c) determine the person's or member's integrity, reliability and
        loyalty to the Intelligence Services and the Academy in safeguarding
        the interests of the Republic of South Africa and its Constitution.
    
    (4) All security screening investigation procedures must be undertaken
-
    
    (a) with due regard for the vision, mission and core values of the
        respective Intelligence Services and the Academy;
    
    (b) subject to the fundamental rights assigned in the Constitution.
    
    (5) For purpose of this Chapter -
    
    (a) "General Manager" means the General Manager responsible for the
        security screening function;
    
    (b) "applicant" means a person or member who is subject of a security
        screening investigation.
    
    2. CLEARANCE LEVELS
    
    (1) The following clearance levels apply to the Intelligence Services -
    
    (a) top secret - as contemplated in Chapter XXV: Provided that this
        classification includes access to information and/or premises;
    
    (b) secret - as contemplated in Chapter XXV: Provided that this
        classification includes access to information and/or premises;
    
    (c) confidential - as contemplated in Chapter XXV: Provided that this
        classification includes access to information and/or premises;
    
    (2) The Director-General must determine the clearance level that any
person and member must acquire before being employed or being permitted to
perform any specific task for or on behalf of the Intelligence Services and
the Academy.
    
    (3) The Director-General must determine the frequency with which an
applicant's security screening must be evaluated.
    
    3. FACTORS RELEVANT TO ACQUIRING A SECURITY CLEARANCE
    
    (1) The following factors are, inter alia, relevant in determining
whether an applicant should acquire a security clearance -
    
    (a) criminal offences and misconduct;
    
    (b) use of dependency forming substances;
    
    (c) financial considerations;
    
    (d) behavioural disorders;
    
    (e) citizenship and/or foreign influence; and
    
    (f) loyalty to the Constitution.
    
    (2) The factors in regulation 3(i) must be evaluated to determine the
competency of the applicant to be entrusted with classified or sensitive
information.
    
    (3) The Director-General must weigh the merits and weight of the
factors referred to in regulation 3(1), in determining the security
competency of an applicant.
    
    4. SECURITY INVESTIGATION PROCEDURES
    
    (1) The following procedures are applicable -
    
    (a) a security screening investigating officer must gather all
        available information that might reasonably have a bearing on the
        outcome of a security clearance;
    
    (b) the Director-General may request the fingerprints of all persons or
        members for verification by the South African Police Services
        (SAPS);
    
    (c) the security screening investigating officer must, on behalf of the
        Intelligence Services or the Academy, as the case may be, request an
        applicant to submit the following -
    
       (i)     financial statements for at least three (3) months
               preceding the date of the security screening investigation;
       
       (ii)    certified copies of identity documents;
       
       (iii)   any other information or documents which may assist the
               security screening investigation officer to perform his or
               her duties.
    
    (d) the security screening investigating officer must collect the
        necessary information by means of an in-depth interview with the
        applicant and the references;
    
    (e) after gathering all the relevant information, the security
        screening investigating officer must evaluate the information,
        compile a report and make a recommendation for the attention of the
        General Manager with regard to the security competency of the
        applicant concerned;
    
    (f) the General Manager must, upon receipt of the report, evaluate the
        facts presented to him or her and make a recommendation to the
        Director-General on the security competency of the applicant;
    
    (g) the General Manager must, in the event of finding the applicant
        security incompetent, provide the Director-General with reasons for
        his or her finding;
    
    (h) where the General Manager is unable to make a recommendation to the
        Director-General on the basis of the report presented to him or her,
        the Director-General may refer the matter for recommendations to the
        Security Clearance Advisory Board (SCAB), established in terms of
        regulation 5;
    
    (i) the Director-General must, after considering the recommendations of
        the General Manager or SCAB, as the case may be, evaluate the
        information presented to him or her, degrade, withdraw or refuse to
        grant a security clearance certificate;
    
    {j) the applicant must, in writing, be notified of the outcome of the
        security screening investigation; Provided that information which
        may be prejudicial to national security, criminal investigations,
        identity of sources and members, may not be disclosed to the
        applicant;
    
    (k) any applicant may appeal against the decision of the Director-
        General, in terms of regulation 8;
    
    (l) the security clearance level, if any, issued to an applicant in
        terms of regulation 4(1)(i) must -
    
       (i)     be specified in a certificate issued by the Director-
               General, which is, prima facie proof of the security
               clearance level;
       
       (ii)    remain in force until the next security screening
               investigation in respect of the applicant, or until such
               security clearance has lapsed, been downgraded or withdrawn;
               and
       
       (iii)   be subject to periodic revision at such times or intervals
               as the Director-General may determine from time to time.
    
    (2) The Director-General must determine the procedure applicable to
different security clearance levels.
    
    5. SECURITY CLEARANCE ADVISORY BOARD (SCAB)
    
    (1) The Director-General may appoint not fewer than five (5) members of
the Intelligence Services to serve on SCAB, one of whom will be the
chairperson.
    
    (2) SCAB must evaluate the report of the General Manager contemplated
in regulation 4(1)(h).
    
    (3) SCAB may be constituted of a member(s) from the following
structures in the Intelligence Services -
    
    (a) security screening;
    
    (b) human resources;
    
    (c) legal services;
    
    (d) labour relations; and
    
    (e) any other member(s) designated by the Director-General.
    
    6. POLYGRAPH
    
    (1) The security screening investigating officer may request an
applicant to undergo a polygraph examination to determine the reliability
of information gathered in terms of regulation 4.
    
    (2) The polygraph must be used as an investigative aid, and not as
conclusive proof of security competency.
    
    (3) The refusal by an applicant to undergo a polygraph examination does
not, in itself, constitute a reason for refusal of a security clearance,
instead further investigations must be conducted.
    
    (4) The Director-General may issue directives on polygraph testing.
    
    7. REPRESENTATION
    
    (1) An applicant adversely affected by a withdrawal, downgraded or
refusal of a security clearance and who intends to lodge an appeal against
the decision of the Director-General is entitled to representation:
Provided that the Director-General must be notified of such representation.
    
    (2) The services of a legal practitioner who is not a member of the
Intelligence Services or the Academy, as the case may be, may only be
utilised according to regulation 10.
    
    (3) The Director-General must implement measures which he or she deems
necessary and advisable to protect intelligence information and documents
in the possession or under the control of the Intelligence Services and the
Academy from unauthorised disclosure, which are the subject of an appeal.
    
    8. WITHDRAWAL, DOWNGRADING OR REFUSAL OF SECURITY CLEARANCES
    
    (1) If the Director-General is reasonably of the opinion that an
applicant may not be appointed as a member or continue as a member without
the possibility that such an applicant could be a security risk or could
possibly act in any manner prejudicial to the security interests of the
Republic of South Africa, he or she may withdraw, downgrade or refuse to
grant security clearance.
    
    (2) The applicant whose security clearance has been refused, withdrawn
or downgraded must be notified, in writing, of the decision of the Director-
General with reasons therefore: Provided that information which may be
prejudicial to national security, criminal investigations, identity of
sources and members, may not be disclosed to the applicant.
    
    (3) Within 30 consecutive days after having received the notification
contemplated in regulation 8(2), the applicant who is adversely affected
thereby may lodge a written appeal with the Director-General, together with
all such written representations, statements and documents deemed
necessary, and a notice of intention to have representation.
    
    (4) The Minister may upon such written appeal by the applicant within
the period contemplated in regulation 8(3) and on good reason shown, extend
the period.
    
    (5) The Director-General must, upon receipt of any appeal lodged with
him or her in terms of regulation 8(3), provide the following information
to the Minister within 21 consecutive days -
    
    (a) written representations together with all supporting documents and
        any representation;
    
    (b) notification to the applicant by the Director-General with the
        reasons for withdrawal, downgrading or refusal of security
        clearance;
    
    (c) all documents, information and particulars considered in its
        evaluation by the Director-General in coming to a decision;
    
    (d) any further reasons which may have influenced the decision:
    
    Provided that the Director-General must as far as is reasonably
practicable, take steps to ensure that national security methods,
intelligence collection methods, sources of information and the identity of
members of the Intelligence Services and the Academy are protected from
unauthorised disclosure.
    
    (6) In addition to the information contemplated in regulation 8(5), the
Director-General must satisfy the Minister that -
    
    (a) the information or intelligence which forms the basis of the
        decision contemplated in regulation 8(1) was evaluated by him,
        according to intelligence methods, and that it was correct and true;
    
    (b) in his or her opinion, the information or intelligence that is
        withheld from the applicant contemplated in regulations 8(2) and
        8(5), if any, is of such a nature that the applicant concerned
        should not be notified thereof, and or should not even know that the
        Intelligence Services has the ability to obtain that information or
        intelligence;
    
    (c) he or she personally considered and studied the information or
        intelligence; and that he or she, acting in good faith and in the
        interests of national security, in the light of the contents of the
        information or intelligence received cannot entrust the applicant
        with the most sensitive secrets of the Republic of South Africa.
    
    9. APPEALS BOARD
    
    (1) The Minister may appoint five (5) persons to constitute an Appeals
Board and to consider appeals: Provided that the persons so appointed and
who are not members of the Intelligence Services or the Academy, as the
case may be, must meet the requirements of a security clearance: Provided
further that at least two (2) of the appointed persons must be legal and/or
labour relations experts.
    
    (2) The members of the Appeals Board may also be members of the
Intelligence Services and/or the Academy.
    
    (3) The Minister may, for each appeal lodged, appoint at least three
(3) of the members of the Appeals Board to form an Appeals Panel, of whom
one (1) must be the chairperson: Provided that at least two (2) of the
appointed persons must be legal and/or labour relations experts.
    
    (4) The Minister must determine the terms and conditions of appointment
of persons on the Appeals Panel who are not members of the Intelligence
Services or the Academy, as the case may be, in accordance with the Public
Finance Management Act, 1999 (Act 1 of 1999).
    
    (5) The chairperson of the Appeals Panel must, in consultation with the
Director-General, ensure that the Appeals Panel is given the necessary
administrative support.
    
    10. APPEALS
    
    (1) The notice of appeal must set out the grounds for appeal.
    
    (2) Upon receipt of the documents referred to in regulation 8(5), the
Minister may, within ten (10) consecutive days, consider the appeal, or
appoint a panel to constitute the Appeals Board and provide it with the
documents referred to in regulation 8(5).
    
    (3) Upon being appointed, the chairperson of the Appeals Board must,
without undue delay, send a written notice to the applicant who lodged the
appeal. The written notice must specify -
    
    (a) the date on which representations may be made by the parties to
        appeal. This date must not exceed five (5) consecutive days upon
        receipt of the written notice;
    
    (b) the time and venue for representations to be heard.
    
    (4) The applicant may be represented by any person, member or legal
practitioner in the appeal process: Provided that if he or she is
represented by a legal practitioner who is not a member, the following
prerequisites are met -
    
    (a) such a legal practitioner must satisfy the requirements for
        security clearance;
    
    (b) the members of the Appeals Board give their consent thereto, after
        considering-
    
       (i)     the complexity of the case;
       
       (ii)    the nature of the questions of law raised by the appeal;
       
       (iii)   public interest;
       
       (iv)    the comparative ability of the opposing parties or their
               representatives to deal with the appeal.
    
    (5) The legal costs incurred by the applicant must be paid by him or
her.
    
    (6) If an applicant fails to appear in person or make representations
through a representative on the specified date, the chairperson may rule to
consider the appeal in his or her absence or postpone the appeal hearing.
    
    (7) The chairperson of the Appeals Board must determine and issue rules
for the proper noting and consideration of appeals.
    
    (8) The Appeals Board must, within fifteen (15) consecutive days upon
consideration of the appeal, make a recommendation thereon in accordance
with the provisions of the Act.
    
    (9) The majority of members of the Appeals Board form a quorum at any
meeting of the Appeals Board.
    
    (10) On an equality of votes in any meeting of the Appeals Board, the
chairperson has a casting vote in addition to the deliberate vote.
    
    (11) The recommendation of the Appeals Board must be forwarded to the
Minister for consideration.
    
    11. CONSIDERATION OF THE APPEAL BY THE MINISTER
    
    (1) Where the Minister has appointed an Appeals Board in terms of
regulation 9(3), he or she must within 21 consecutive days of receipt of
the recommendations of the Appeals Board either confirm or set aside the
recommendations.
    
    (2) Where the Minister considers the appeal, he or she must confirm,
set aside of vary the decision of the Director-General.
    
    (3) The Minister's decision is final and binding.
    
    (4) The decision of the Minister must be submitted to the Director-
General in writing within fourteen (14) consecutive days after having made
a decision in terms of regulation 11(1) or 11(2), for purposes of
notification to the applicant who lodged the appeal.
    
    (5) The Director-General must, within ten (10) consecutive days of
receipt of the Minister's decision, inform the applicant in writing of the
outcome of the appeal.