Hon Chair, as you have indicated that we will be presenting the Report of Joint Standing Committee on Intelligence on the activities of the committee after five months of establishment, as stipulated in the Intelligence Services Oversight Act, Act No 40 of 1994, dated 27 October 2020. Chairperson, the Joint Standing Committee on Intelligence was established in terms of the
Intelligence Act, as I have indicated, to perform the oversight functions set out in the Act.
During the Sixth Parliament, the committee was constituted on 30 October 2019, after the process of undergoing vetting to top secret security clearance which is a statutory requirement. Having been nominated by their respective political parties, the Ministers of Joint Standing Committee on Intelligence, JSCI, are appointed by the President, in consultation with the Speaker of the National Assembly and the Chairperson of the NCOP.
In terms of section 2(4) of the Act, the President, in consultation with the Speaker of the National Assembly and the Chairperson of the NCOP, is empowered to appoint a member, excluding those appointed to the committee in terms of section 2(3) as the Chairperson of the committee. Concerning the purpose of the report, the Constitution of the Republic of South Africa of 1996 recognises that Parliament has an important role to play, in overseeing government departments and its public activities.
The Act ensures that JSCI performs the oversight functions as set out in section 3, in relations to the intelligence and counter intelligence functions of the services, which includes administration, financial management and expenditure of services. The purpose of
Act on 30 October 2019, as I have indicated. The first meeting of the committee took place on 13 November 2019, following the swearing-in of members. The members of the committee must take an oath of affirmation of secrecy,
before commencing their functions as prescribed by the Act.
For the composition of the committee, the committee consists of Members of Parliament appointed on the basis of proportional representation determined according to the formulation set out in the Act. The Chairperson is appointed separately in terms of section 2(4) of the Act. Accordingly, the following seats were allocated to various political parties following the 2019 elections, ANC, 8 seats, DA, 3 seats and EFF, 1 seat.
The members of the committee are as follows: Chairperson, Mr Maake, the ANC member; M C Bebee, the NCOP member; Ms M C Dikgale, National Assembly, ANC; Ms B A Dlakude, ANC; Ms M L Harmans, ANC; Mr G Magwanishe, National Assembly, ANC; Ms J M Mofokeng, National Assembly, ANC, Mr M K Mmoiemang, NCOP, ANC; Ms Z Ncitha, NCOP, ANC; Dr M M Gondwe, NA, DA; Ms D Kohler-Barnard, NA, DA; Ms C Labuschagne, NCOP, DA and Dr M Q Ndlozi, National Assembly, EFF. Those are the members of the committee.
Concerning the orientation of the members, the Act provides for the establishment of JSCI for performing oversight functions relating to the functions of the intelligence services and report thereon to Parliament. After the committee had been established following the awarding of top secret security clearance certificates, members had to undergo intensive training or orientation in the field of intelligence, as I have indicated.
Section 5 Clearance Act stipulates that the committee shall conduct its functions in a manner consistent with the protection of national security. Furthermore, no person shall disclose any intelligence, information or document the publication of which is restricted by the law, and which is obtained by that person in the performance of his or her functions in terms of this Act. In order to adhere to the Act, intensive induction and training is provided to members.
For the Sixth Parliament, orientation for the members took place from 18 to 22 November 2019.It enabled members to understand the nature of the environment coupled with the complexities of the Fourth Industrial Revolution and
its implications to intelligence and national security; how to handle secrecy; and responding to public enquires on sensitive issues and related matters. The orientation prepared the committee to function optimally, and to ensure the safety and security of information.
More importantly, the newly established committee was briefed on the functions and roles of the services and their entities. Additionally, the committee received an overview of pertinent issues within the Intelligence Services namely, the State Security Agency, SSA, the SA Police, SAP: Crime Intelligence, and Defence Intelligence of the SA National Defence Force, SANDF. The Office of the Inspector-General of Intelligence, OIGI, also inducted members in order for them to understand the functions of the Inspector-General of Intelligence as stipulated in Section 7(7) of the Act.
On 19 November 2019, the committee interacted with the SSA. It was welcomed by the Acting Director-General, DG, of State Security and senior management. The presentation touched on the current status, challenges and recommendations on improving the Agency. The Acting DG
clarified the illegality of the establishment of the SSA, which came into existence in 2009 after Proclamation 59 of 2009 ... [Interjections.] ... by former President Jacob Zuma where several entities were amalgamated.
Those included the National Intelligence Agency, NIA, that functioned as domestic intelligence with the mandate of gathering intelligence and counter-intelligence, the SA Secret Services, SASS, which gathered intelligence outside the borders. This was the major problem Chairperson, which the committee had to deal with. We are still in consultation with the ministry to deal with the matter. Thank you very much, Chair. I therefore submit the report.
Debate concluded.
Question put: That the Report be adopted.
[Take in from Minutes.]
Report accordingly adopted in accordance with section 65 of the Constitution.
Hon delegates, let me take this opportunity to thank the special delegates by availing themselves and to thank everyone who participated in this important sitting of the NCOP. Hon members, that concludes the business of the day.
The Council adjourned at 11:42. ----------------------- Chairperson, we do wish to make a presentation on the Bill. The one matter that we would like to raise is that we are very concerned about the Bill, in that we live in a constitutional democracy where we do believe that we should be synchronising our country in terms of ensuring that all our people are enjoined in one Constitution.
It is our belief that many of our people in all the areas, particularly, as you would've seen, a number of areas that sometimes would've been rural areas you'd find that they are now semiurban areas, and you already have conflicts whereby there are now assertions that those people need to be subjected to ... which Bill. Do they need to be subjected to the Traditional Courts Bill or do
Arising as a result of that ... with a Bill of more than a billion which, even to date, has not been clarified ... which was supposed to be back pay for Izinduna in KwaZulu-Natal.
This Bill talks about justices of the peace, talks about the clerks, talks about the personnel staff and other support staff that are supposed to be dealing with this Bill. As we talk, we have been told by the Minister of Finance that we need to cut on the costs of staff; we need to ensure that all the departments have frozen the employment of staff, and our budgets have been cut.
Now, you've got to appoint the presiding officers and all
this emanated from section 6(1) of the Act, which states that the committee shall, within the five months of its appointment, and thereafter within two months after 31 March in each year, table in Parliament a report on the activities of the committee during the proceedings of the year, together with the findings made in it, and the recommendations it deem appropriate and provide the copy thereof to the Parliament and the Minister responsible for each service.
For the appointment of the JSCI, it is pertinent to note that the legal processes of finalising the appointment of the committee, were delayed for various reasons. Consequently, the committee was appointed in terms of the