MINISTERIAL  REVIEW  COMMISSION

ON  INTELLIGENCE

 

 

PRESS RELEASES

LAUNCH OF MINISTERIAL REVIEW COMMISSION ON INTELLIGENCE BY THE MINISTER FOR INTELLIGENCE SERVICES

RONNIE KASRILS (MP)

PALM COURT, MARKS BUILDING, PARLIAMENT

WEDNESDAY, 01 NOVEMBER 2006 AT 13H00

 

 

Honoured Members

All Media

 

In my Budget Vote Speech to the National Assembly on June 1 this year, I announced my intention to establish a Ministerial Review Commission on Intelligence.

 

This action was necessitated by certain malpractices and abuses of state power and resources which had occurred within the National Intelligence Agency (NIA) during 2005.

 

I indicated in my Budget Vote speech that it was necessary to use this lamentable episode at NIA to undertake fundamental reforms aimed at preventing such abuses in the future.  To do so, we need to review legislation and strengthen regulations, operational procedures and control measures where necessary.  I also pointed out the need to attend to the perfidious mentality that enabled these dirty tricks to take place and most importantly, that such reforms be placed in the public domain so as to rebuild public confidence and trust.

 

Before I continue I wish to acknowledge members of the Joint Standing Committee on Intelligence (JSCI) chaired by Dr Siyabonga Cwele, who have been fully briefed on this process, and express my appreciation for the vigorous role they play in holding our Services accountable, and for their input in defining this process. I also need to acknowledge the contribution of the Inspector General for Intelligence in addressing concerns over the operations of the Services.

Likewise I note the work of the Legislative Review Task Team appointed late last year and headed by the Coordinator for Intelligence Barry Gilder.

 

Let me now introduce to you the leading South Africans who have graciously accepted to serve on the Review Commission.  As you will see, the panel draws on the experiences of a former member of the executive, a former Parliamentarian and a civilian who has extensive experience in non-governmental organizations.  The Commissioners all come from a legal background.

 

They are:  Former Deputy Minister of Safety and Security Mr Joe Matthews as Chairperson; the Speaker of our first democratic Parliament Dr Frene Ginwala; international scholar in peace and conflict studies Mr Laurie Nathan.

 

It is important to point out that the Commission will be independent and that no person or body may do anything to undermine its independence or seek to influence the Commissioners in an improper manner.

 

The Commission’s Terms of Reference is aimed at “strengthening mechanisms of control of the Civilian Intelligence Services in order to ensure full compliance and alignment with the Constitution, constitutional principles and the rule of law, and particularly to minimize the potential for illegal conduct and abuse of power.”

 

The focus of the Review shall include the following topics in so far as they relate to the aim of the Commission:

 

  • Executive control of the Intelligence Services

  • Control mechanisms relating to Intelligence Services’ operations

  • Control over intrusive methods of investigation

  • The spheres of activity currently referred to as political and economic intelligence.

  • Political non-partisanship of the Services

  • The balance between secrecy and transparency; and

  • Controls over the funding of covert operations.

 

The review process will cover the following structures:

 

  • National Intelligence Agency (NIA)

  • South African Secret Services (SASS)

  • National Intelligence Coordinating Committee (NICOC)

  • National Communications Centre (NCC)

  • Electronic Communications Security (Pty) Ltd. (COMSEC); and the

  • Office for Interception Centres (OIC).

 

To achieve its aim, the Commission may, among other methods, engage in reviewing legislation, regulations, reports, directives, invite written or oral submissions, hold public consultations and undertake comparative study of good practice in the governance of Intelligence Services in other countries.

 

On completion of the review, the Commission will submit a public report to the Minister containing practical recommendations for strengthening regulation and control of the Intelligence Services.  We envisage that the Commission will complete the first phase of its work by mid-2007 and conclude by end 2007.  The Minister will present the report to the JSCI for consideration.  The report will also be made available to the public.   The Minister will study the recommendations and make decisions thereafter.

 

I wish the Commission success in the work that lies ahead.  Our security, including the institutions responsible for this function, is no longer the preserve of an elite group and I encourage members of the public to use this opportunity to participate in the process and engage in debate on the issues relevant to the Terms of Reference.

This is also an important process in the life of the Intelligence Services as it allows for an added opportunity to account and respond to issues related to its functioning.

 

 

Issued by: 

The Minister for Intelligence Services, Ronnie Kasrils (MP)

 

 

Contact details for the Commission are as follows:

 

 

Tel.  012-3670754

Fax. 012-3670923

Email.  Reviewcommission@intelligence.gov.za

PO Box 1037, Menlyn 0077