Chairperson, Minister, hon members, members of the services and people in the gallery, the past year was marred by negative publicity in the intelligence services, particularly in Crime Intelligence.
In November 2010 a so-called top document, setting out allegations of a conspiracy against President Zuma, surfaced. This triggered a spate of headlines in local and overseas newspapers, ranging from a murder investigation against Gen Mdluli and the purchase of two vehicles with taxpayers' money. The latter led to the subsequent compromise of a secret, covert operation. [Interjections.]
During March 2011 a warrant of arrest was issued against Gen Mdluli. In September 2011 he was charged with corruption and fraud, relating to the purchase of the two vehicles from the witness protection fund, but in December the National Prosecuting Authority, NPA, withdrew both cases.
The JSCI held various meetings with the top management of Crime Intelligence, while numerous requests were made to the Minister of Police to appear before the JSCI to share information on the situation. He honoured us with one visit after the situation had deteriorated to such an extent that almost all the senior managers were removed from Crime Intelligence. [Interjections.]
With regard to the State Security Agency, SSA ...
... die intelligensiedienste is ook nie van negatiewe mediakommentaar gespaar nie. Die een oomblik vra Minister Cwele vir steun en aanvaarding vir die drie direkteurs-generaal in die intelligensiedienste, en die volgende oomblik versuur die verhouding tussen die Minister en sy drie top bestuurslede sodanig dat een na die ander die diens verlaat.
Daar word ges dat dit alles te make het met die herstrukturering en die vorming van een entiteit, die SSA. Wat nie ges word nie, is dat die Minister, vanwe sy uitgebreide buitelandse toere, uit voeling geraak het met die lede Njenje, Maqetuka en Shaik. (Translation of Afrikaans paragraphs follows.)
[... the intelligence services also did not escape the negative media comments. One moment Minister Cwele asks for support and acceptance for the three directors-general in the intelligence services, and the next moment the relationship between the Minister and his three top members of management sours to such an extent that one after the other leaves the services.
It is being said that it has everything to do with the restructuring and the establishment of one entity, the SSA. What is not mentioned is that the Minister, because of his extensive travelling overseas, has lost touch with the members Njenje, Maqetuka and Schaik.]
Your overseas commitments kept you so busy, Minister, that various requests by the JSCI were turned down owing to your unavailability. The JSCI had valid questions to put to you regarding the exit of the three most senior personnel. We as the JSCI only became aware of your appointment of the acting director-general through newspaper reports.
Minister, die miskenning van die komitee is dalk vir u 'n maklike uitweg, maar vir my is dit onaanvaarbaar. [Minister, disregarding the committee may be an easy way out for you, but to me it is unacceptable.]
The JSCI summoned the intelligence services to appear before the committee after we read newspaper articles relating to a fire in Durban. During our deliberations we were assured that everything was under control, that it was being investigated by the SAPS, and that a detailed report would follow in due course. Well, sad to say, we have not received any report to date.
Met verwysing na verlede jaar se begrotingsdebat wil ek die volgende uitlig. [With reference to last year's Budget Speech, I would like to raise the following.]
With regard to national communications, Minister Cwele said, and I quote:
We intend to conclude policy on electronic direction systems as well as distribution networks in order to improve service delivery, and to reduce the turnabout time. We will do this after consultation with the JSCI.
Guess what? As yet, this has not happened. In relation to fraud and corruption, Mr Cwele mentioned that the SSA, together with the Financial Services Board, FSB, completed the investigation relating to the Group Life Scheme into the theft, fraud and possible corruption by the insurance broker, negligence by the insurance company and mismanagement by the service management.
The fraudsters have been referred to the police and the NPA for investigation and prosecution, while the FSB withdrew the licence of the insurance broker for a period of five years. To date, there has been no progress report to the JSCI, and the five years' suspension of the broker has almost expired.
The issue surrounding the building of an office block on unstable dolomite and the subsequent wasteful expenditure is also outstanding. When will you deal with this matter? [Interjections.]
There is also the issue of the covert support unit. When are you going to inform the JSCI or act on this matter? Sir, I think we have reached a point where we must seriously consider the functions of the JSCI and its role in the oversight of you and your department.
There are four reasons why oversight of intelligence services needs to be done: Firstly, the electorate holds Parliament accountable for the work of all government agencies funded by public money, and the entire intelligence service falls under this mandate.
Secondly, due to the secrecy of information collected by the services, there is always the potential of violating individual human rights. In this regard the role of the JSCI is of cardinal importance. Thirdly, the information gathered could benefit or compromise not only individuals, but also political parties and other institutions if sinister forces within the services abuse their power. There is a growing concern that this is occurring.
Fourthly, individuals, organisations and institutions might not be aware that they are the subjects of serious investigations and, therefore, such actions should be regulated and overseen.
Given the fact that the services are not subjected to the same level of oversight as other government agencies, the potential for malicious and illegal practices might exist, and hence we need proper oversight and control. The role of Parliament in overseeing the intelligence services is the following: legislation, controlling of finances, and overseeing policies and activities.
The JSCI as a statutory committee has oversight partners such as the Inspector-General and the Auditor-General. After all, the JSCI has the responsibility of reporting to Parliament on the processes on or before 31 May annually, as stipulated in the Intelligence Services Oversight Act. However, this hardly ever happens due to various reasons. This necessitates a complete overhaul of the oversight model in order to comply with the Act and to give the taxpayer the assurance that the intelligence services are acting within their mandated responsibilities and are not abusing their clandestine provisions.
As far as the General Intelligence Laws Amendment Bill is concerned, during your briefing to the ad hoc committee you mentioned that the amendments made to the Bill were of a technical nature and no consultation with other government agencies was needed.
Ingevolge die Grondwet, subartikel 209(2), moet die President 'n vrou of 'n man aanstel as hoof van elke intelligensiediens.
Artikel 210 handel oor bevoegdhede, funksies en monitering en maak voorsiening vir: (a) die kordinering van alle intelligensiedienste en (b) die burgerlike monitering van die bedrywighede van di dienste deur 'n inspekteur wat deur die President as hoof van die Nasionale Uitvoerende Gesag aangestel word, en wat goedgekeur is deur 'n besluit van die Nasionale Vergadering, aangeneem met 'n ondersteunende stem van minstens twee derdes van die lede van die Nasionale Vergadering.
Die gemelde subartikel 210(a) en (b) verwys onderskeidelik na die funksies van die Nasionale Intelligensie-kordineringskomitee, Nikok, en die inspekteur-generaal. In die hersiening van die Wysigingswetsontwerp word Nikok volkome onder die Minister se beheer geplaas en kom dit daarop neer dat hy volkome kontrole het oor die aanstelling van die hoof van Nikok, die produk, asook die begroting vanuit die groter Staatsveiligheidsagentskap- begroting.
Die inspekteur-generaal wat veronderstel is om 'n objektiewe mening te lug oor sy bevindings rakende oorsig oor die intelligensiedienste, is ook volkome afhanklik van die goedgunstige oorweging vir fondse vir sy begroting vanuit die begroting van die Staatsveiligheidsagentskap.
Die bogenoemde twee gevalle is na my mening nie slegs tegnies van aard nie, maar verg 'n grondwetlike verandering.
Minister, u kan nooit volkome beheer neem oor entiteite wat veronderstel is om onafhanklik te funksioneer nie. Solank as wat hulle in u o moet kyk vir hul begroting en vergoeding, sal daar altyd 'n vraagteken hang oor die uitslag van ondersoeke en bevindings en sal die vertroue van die inwoners van Suid-Afrika nie verkry word nie. Ek dank u. [Applous.] (Translation of Afrikaans paragraphs follows.)
[In terms of the Constitution, subsection 209(2), the President should appoint a female or male as head of each intelligence service.
Section 210 deals with powers, functions and monitoring and provides for: (a) the co-ordination of all intelligence services and (b) the civilian monitoring of those activities of those services by an inspector appointed by the President, as head of the national executive, and approved by a resolution adopted by the National Assembly with a supporting vote of at least two thirds of its members.
The said subsections 210(a) and (b) refer to the functions of the National Intelligence Co-ordinating Committee, Nicoc, and the Inspector-General, respectively. According to the revision of the Amendment Bill Nicoc is placed completely under the Minister's control and it amounts to his having total control over the appointment of the head of Nicoc, the product, as well as the budget allocated from the greater budget of the State Security Agency.
The Inspector-General, who is supposed to reflect objectively on his findings regarding the Intelligence Services, is also totally dependent on the sympathetic consideration of funds for his budget from the budget of the Agency for State Security.
In my opinion above-mentioned two cases are not only of a technical nature, but require constitutional amendment.
Minister, you can never take total control of entities which are supposed to function independently. As long as they are dependant on you for their budget and compensation, there will always be doubt about the result of investigations and findings, and the trust of the inhabitants of South Africa will not be gained. I thank you. [Applause.]]