The National Strategic Intelligence Act of 1994 defines the primary functions of NIA as being to gather, correlate, evaluate and analyse domestic intelligence to:

• identify any threat or potential threat to the security of the Republic or its people;
• supply intelligence regarding any such threat to the National Intelligence Co-ordinating Committee (NICOC);
• gather departmental intelligence at the request of any interested department of state and without delay to transmit such intelligence that constitutes departmental intelligence to the relevant department;
• fulfil the national counter-intelligence responsibility and for this purpose to conduct and co-ordinate counter-intelligence to gather, correlate, evaluate, analyse and interpret information regarding counter-intelligence to identify any threat or potential threat to the security of the Republic or its people;
• inform the President of any such threat;
• supply (where necessary) intelligence relating to any such threat to the South African Police Services (SAPS) for the purposes of investigating any offence or alleged offence.

In view of these functions, NIA is responsible for the following:

To fulfil a proactive, anticipatory or early warning role of scanning and assessing the total (economic, social, political and environmental) domestic security situation to identify and report to the policy maker or executive departments any signs or warning signals of threats or potential threats to the constitutional order and the safety of the people.

To perform a reactive monitoring role of tracking events when a threat/crime has been identified or a crisis has already arisen, without duplication of the role of other executive departments. The purpose of this monitoring role is mainly to enhance investigation and prosecution by providing tactical information and intelligence to enforcement and prosecution institutions and to decide the extent and implications of threats or potential threats to the national security of the Republic and the safety of the people.

To provide an integrated multi-analytical strategic projective assessment of patterns, trends and of security relevant issues, to provide strategic early warning and to enhance NIA’s support/involvement in policy formulation.

MINISTRY FOR INTELLIGENCE SERVICES

The Ministry for Intelligence Services was established on 1 September 1996 and assists the Minister for Intelligence in the supervision and general superintendence of the intelligence services; policy formulation; guidance and direction of the transformation process, and the general conduct of intelligence. The National Strategic Intelligence Amendment Act, 1998 (Act 37 of 1998), was approved by the National Council of Provinces in August 1998. The Act will ensure that the Minister and the intelligence services focus sufficiently on flashpoints when necessary. In terms of the Act, the Minister would have to ensure effective co-operation between the civilian intelligence services (ie National Intelligence Agency (NIA) and South African Secret Service (SASS)), the South African National Defence Force (SANDF) and the South African Police Services (SAPS), in consultation with the relevant Ministers.

NICOC

The National Intelligence Co-ordinating Committee (NICOC) was established on 1 January 1995 in accordance with the National Strategic Intelligence Act, 1994 (Act 39 of 1994).

NICOC consist of the Intelligence Co-ordinator as well as directors-general of the civilian intelligence bodies - the National Intelligence Agency (NIA) and the South African Secret Service (SASS); the Chief of the Intelligence Division of the South African National Defence Force (SANDF), and the Head of the Division: Crime Intelligence of the South African Police Services (SAPS).

NICOC is also supported by a staff complement which is responsible for day-to-day co-ordination.

In terms of the Act, NICOC is required to co-ordinate intelligence supplied by the members of the national intelligence structures and to produce and disseminate intelligence with regard to matters of national strategic importance. In order to facilitate co-ordination, NICOC has established Provincial Intelligence Co-ordination Committees (PICOC's) in the nine provinces and several functional committees.

NICOC’s direct clients are the President, the Cabinet and the Cabinet Committee for Security and Intelligence Affairs. Other clients include government departments, Premiers, provincial governments and parliamentary committees.

Civilian Intelligence

There are two civilian intelligence structures, namely the National Intelligence Service (NIA) and the South African Secret Service (SASS).

NIA is responsible for domestic and counter-intelligence in order to enhance national security and the defend the Constitution, the interests of the State and the well-being of the people of South Africa.

SASS serves as the foreign intelligence department of the Government and its mission is to conduct intelligence in relation to external threats, opportunities and other issues that could affect the interests and well-being of South Africa, with the aim of promoting the national and security interests of the country and its citizens.

The objective of the intelligence community is to provide evaluated information with the following responsibilities in mind:

• safeguarding the Constitution
• promoting the interrelated elements of security, stability, co-operation and development, both within South Africa and in relation to Southern Africa
• upholding the individual rights enunciated in the chapter on Fundamental Rights (the Bill of Rights) contained in the Constitution

intensifying collection efforts in crime in support of the SAPS crime intelligence task promoting South Africa’s ability to face foreign threats and to enhance its competitiveness in a dynamic world achieving national prosperity while making an active contribution to global peace and other globally-defined priorities for the well-being of humankind

Oversight and Control

Executive control is exercised by way of a civilian Ministry and a Cabinet committee. The civilian intelligence services are accountable to the Minister of Intelligence, who reports to the Cabinet through the Cabinet Committee for Security and Intelligence Affairs.

Joint Standing Committee on Intelligence (JSCI)

Parliament has appointed a mechanism, the Joint Standing Committee on Intelligence (JSCI), legislated in the Intelligence Services Control Act, 1994 (Act 40 of 1994).  This Act allows the JSCI to order investigations into the intelligence community’s activities.

Inspector-General for Intelligence

The Intelligence Services Control Act, 1994 (Act 40 of 1994) makes provision for the appointment of an Inspector-General for Intelligence. In November 1999, the Intelligence Services Control Amendment Bill was passed by the National Assembly and the National Council of Provinces. It brought Act 40 of 1994 into line with the Constitution, which sets a two-thirds majority in the National Assembly for the appointee’s approval.

The Inspector-General will investigate complaints about alleged maladministration, abuse of power, transgressions of laws and policies, corruption and improper enrichment within the intelligence services. The Bill gives the Inspector-General wide powers of access to information and the right to get access to any intelligence, information or premises within or outside the control of the intelligence service in order to perform these functions. The Inspector-General will be responsible for:

• monitoring compliance by the intelligence services with their policies
• submitting certificates to the Minister of reports given to heads of service
• submitting reports to the Joint Standing Committee about investigation of complaints by members of the public against the intelligence services.

In addition to the above, the Auditor-General and Standing Committee on Public Accounts (SCOPA) monitor the relevant intelligence budgets, while the Constitution provides for protection against State abuse through the Public Protector and the Human Rights Commission.