Given the growing influence of the Islamic State of Iraq and Syria (ISIS) that has spread from Tanzania to Mozambique where innocent citizens were beheaded recently, what (a) is the likelihood that ISIS is already operating in the Republic and (b) steps has her department taken to thwart such a threat?
This Parliamentary question deal with sensitive State Security Agency operational issues, of which Joint Standing Committee on Intelligence (JSCI) in Parliament has been created to deal with. Accordinly, reply to this parliamentary question has been submitted to the Parliament’s Joint Standing Committee on Intelligence (JSCI).
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(1) With reference to the recommendations of the High Level Panel report, referring to wide-ranging resource abuse, (a) has it yet been determined what amount was looted from the State Security Agency slush fund, (b) who took it and (c) where did it go;
(2) whether anyone has been charged for the theft; if not, why not; if so, on what date will they appear in court?
1. (a)(b)(c) and (2) investigations are still on going.
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(a) What total number of recommendations in the High Level Review Panel of the State Security Agency (i) has been successfully implemented and (ii) still need to be implemented and (b)(i) on what date will the remaining recommendations be implemented and (ii) what are the timelines in this regard?
Reply to this Parliamentary Question has been logged with the Parliament Joint Standing Committee on Intelligence (JSCI), which has also received briefing on the Progress with regard to the implementation of the recommendations in the High Level Review Panel Report.
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Whether, based on Mr Edwin Sodi’s recent testimony at the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, which implicated her Deputy Minister as a beneficiary of Mr Sodi’s company, her Deputy Minister declared the funds he had received in accordance with the requirements of the Executive Members’ Ethics Act, Act 82 of 1998, to the Registrar of Members’ Interest in Parliament; if not, what (a) total number of contracts have been awarded to Mr Sodi’s company under his leadership in his current executive position and (b) is the monetary value of each specified contract so awarded?
The Deputy Minister has submitted a Reply in this regard to the Parliament Office of the African Transformation Movement (ATM)
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(1)Whether, in relation to the recommendations of the High-level Review Panel into the State Security Agency, there has been an investigation into and a report produced on the involvement of members of the Executive in intelligence operations and measures to prevent this; if so, (a) which members of the national Executive exceeded their mandate in this regard and (b) what consequences have they faced;
(2) whether, in relation to the recommendations of the High-level Review Panel into the State Security Agency, there has been an investigation into and a report produced on the policy framework including legislation that governs operational activities conducted by members of the national Executive; if not, why not; if so, what are the relevant details;
(3) whether, in relation to the recommendations of the High-level Review Panel into the State Security Agency, there has been an investigation into and a report produced on the development of guidelines that will enable members to report a manifestly illegal order as envisaged in section 199(6) of the Constitution of the Republic of South Africa, 1996; if not, why not, if so, what are the relevant details;
(4) whether, in relation to the recommendations of the High-level Review Panel into the State Security Agency, there has been an investigation into and a report produced on the effectiveness of (a) Training and Development Programmes in capacitating members of the Agency and (b) intelligence and counter-intelligence coordination within the Agency and between the agency and other South African intelligence entities and the capacity and role of the National Intelligence Coordinating Committee in this regard; if not, what is the position in this regard; if so, what are the relevant details;
(5) whether, in relation to the recommendations of the High-level Review Panel into the State Security Agency, there has been an investigation into and a report produced on the effectiveness and appropriateness of the existing oversight mechanisms in ensuring accountability and transparency; if not, what is the position in this regard; if so, what are the further relevant details?
(1) Yes. Investigations have been instituted. These investigations are on going.
(2) The Constitution of the Republic of South Africa prohibts involvement of the Members of the Executive into the intelligence operations of the State Security Agency (SSA). Furthermore, the existing National Strategic Intelligence Act (Act 39 of 1994) and Operational Directives of the SSA also prohits involvement of the Members of the Executive ...
Whether the recently commissioned lifestyle audits to be conducted on the (a) Executive Council members of the Eastern Cape, Gauteng and KwaZulu-Natal and (b) senior officials in the specified provincial governments, fall within the competence of the State Security Agency; if so, (i) which legislation governs the conducting of such lifestyle audits and (ii) what (aa) exactly will the specified lifestyle audits entail and (bb) is the aim of the lifestyle audits?
(i) The conducting of lifestyle audits are implied in the legal prescripts such as those, among others, that govern the enforcement of the provisions in the Prevention of Organised Crime Act, 1998 (Act 121 of 1998)(POCA) and the Prevention and Combatting of Corrupt Activities Act, 2004 (Act 12 of 2004)(PRECCA) by law enforcement agencies, as well as the conducting of vetting by the State ...
(1)Whether her department commissioned the recent lifestyle audits of the (a) Members of the Executive Councils of (i) the Eastern Cape, (ii) Gauteng and (iii) KwaZulu-Natal and (b) senior officials in each specified province; if so,
(2) Whether she will make the findings of the lifestyle audits available to the public; if not, why not; if so, what are the relevant details?
1. Yes, the State Security Agency was approached by the aforesaid provincial governments to conduct lifestyle audits of the members of the respective Executive Councils.
2. Reports of the lifestyle audits will be submitted to the respective provincial government, which will decide whether or not to make them available to the public.
Whether the State Security Agency has the forensic capabilities to conduct lifestyle audits of the (a) Executive Councils of (i) the Eastern Cape, (ii) Gauteng and (iii) KwaZulu-Natal and (b) senior officials in each specified province; if not, why not; if so, what are the relevant details?
The State Security Agency possess partial forensic capabilities to conduct lifestyle audits and where there is a lack, collaborate with other organs of state such as the South African Police Services (SAPS), Financial Intelligence Centre (FIC), e.t.c. to compensate the discrepancy.
The lifestyle audit framework currently at the drafting stages will, once completed, lay a foundation of the requisite capabilities to conduct a lifestyle ...
Whether, in relation to the recommendations of the High-level Review Panel into the State Security Agency, there has been an investigation into and a report on the (a) impact on the work of the civilian intelligence agencies of the amalgamation of the previous services into one agency and the appropriateness of the change, (b) appropriateness of the current structure of the agency to its core mandates and to effective command, control and accountability, (c) mandate and capacity of the State Security Agency (SSA) and to examine the compatibility of its structure in relation to this mandate, (d) effectiveness of controls to ensure accountability and (e) institutional culture, morale, systems and capacity to deliver on the mandate; if not, in each case, why not; if so, what are the relevant details in each case?
All the matters raised above by the Honourable Member of Parliament have extensively been dealt with in the Findings and Recommendations of the High-Level Review Panel, particularly as outlined in Chapters 3, 4, 5, 6, 7, 8, 12 and 13 of the High-Level Review Panel’s Report. These matters therefore do not require additional investigation as doing so would duplicate the work done by the ...
(1)What progress has her department made on the draft of the amendment of the General Intelligence Laws Amendment Bill [B25 of 2011], which will effectively disestablish the State Security Agency and break it up into two services, namely the domestic and foreign services;
(2) (a) on what date is the Bill likely to be introduced in the National Assembly and (b) what are the relevant details of the timelines in relation to the processes to be undertaken by his department and relevant government institutions before the introduction of the Bill in the National Assembly?
The Parliament Joint Standing Committee on Intelligence has scheduled a briefing by the State Security Agency on the General Intelligence Laws Amendment Bill (Gilab). This briefing will amongst others, provide progress on Gilab. Drafting of the General Intelligence Amendment Bill is taking place within context of ITT and implementation of the HLRP Recommendations. Strategic thrust of the ITT drafted Bill was re-creation of 1994/5 ...
