MINISTERIAL  REVIEW  COMMISSION

ON  INTELLIGENCE

TERMS OF REFERENCE OF THE COMMISSION

Establishment of Commission

The Ministerial Review Commission on Intelligence is hereby established by the Minister for Intelligence Services.

Composition of the Commission

Mr J Matthews

Dr F Ginwala

Mr L Nathan  

Terms of Reference

Aim of the review

The aim of the review is to strengthen mechanisms of control of the civilian intelligence structures in order to ensure full compliance and alignment with the Constitution, constitutional principles and the rule of law, and particularly to minimise the potential for illegal conduct and abuse of power.

The review shall focus on the following civilian intelligence structures:

a.   National intelligence Agency (NIA),

b.   South African Secret Service (SASS),

c.   National Intelligence Coordinating Committee (NICOC),

d.   National Communications Centre (NCC),

e.   Electronic Communications Security (Pty) Ltd (COMSEC) and

f.    Office for Interception Centres (OIC).

Independence of the Commission

The Commission shall be independent.  No person or body may do anything to undermine its independence or seek to influence the Commissioners in an improper manner.

Focus of the review

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 related 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 intelligence services;

-          The balance between secrecy and transparency; and

-          Controls over the funding of covert operations.

Methods of inquiry

In order to achieve its aim, the Commission may undertake the following methods of inquiry:

• Review the legislation, regulations and policies governing the intelligence services;

• Review the reports of the Legislative Task Team;

• Review the directives on intrusive methods of collection and directives on the conduct of surveillance;

• Consider any other reports submitted to the Commission by the Minister;

• Invite written or oral submissions/presentations from interested parties;

• Invite submissions from the intelligence services;

• Hold public hearings at which members of the public and interested parties can make submissions to the Commission;

• Undertake comparative study of good practice in the governance of intelligence services in other countries; and

• Any other methods it deems appropriate

Report to the Minister

On completion of its review, the Commission shall submit a public report to the Minister. The emphasis of the report should be on practical recommendations for strengthening control and regulation of the civilian intelligence services.

The final report will be submitted by 31 July 2008.