Mr Chairman, the hon Minister of State Security, other Ministers, Deputy Ministers present, hon Chairperson of the Joint Standing Committee on Intelligence, JSCI, ladies and gentlemen, distinguished guests, and my beloved wife, Magda, in the public gallery, whom I would like to acknowledge for her presence, support and love, the State Security budget is only quoted as an amount within the National Treasury Budget Vote No 10, due to security reasons.
To comment on these figures is very difficult as the utilisation of the budget is classified, and we, as members of the JSCI, have taken an oath of secrecy. This is the reason I can only debate on matters which are in the public domain, and I want to refer you to the Rapport of 8 April:
'n Veiligheidsmuur vir sy huis is moontlik die rede waarom mnr Nathi Mthethwa, polisieminister, so vasbeslote is om die Valke se ondersoek na die misdaadintelligensie-eenheid se noodfonds in die kiem te smoor. City Press, susterskoerant van Rapport, berig die Valke was besig met 'n ondersoek na verdoemende bewerings dat bykans R200 000 se verbeterings aan Mthethwa se huis gespandeer is uit die noodfonds.
Die Rapport berig verder oor 'n luukse motor waarmee die Minister van Polisie rondgery het, wat ook uit die geheime fonds befonds is. Dit gaan nie daaroor of die Minister van Polisie bewus was van waar die fondse vandaan kom nie. Dit gaan oor die beginsel dat geld uit die geheime fonds, wat wanbestuur is, geneem is, en daar moet verantwoording gedoen word aan die Gesamentlike Staande Komitee oor Intelligensie in di verband. (Translation of Afrikaans paragraph follows.)
[Rapport further reports about a luxury car the Minister of Police was driving that was also funded from this secret fund. It is not about whether the Minister of Police was aware where the funds came from. It is about the principle that money was taken from the secret fund, that had been mismanaged, and account should be given to the Joint Standing Committee on Intelligence in this regard.] The Minister of State Security said in his budget speech of 1 July 2009, "I will unfailingly ensure that the power and the public funds entrusted to us are used responsibly."
In the light of the above and the seriousness of the matter, and because if fraud can happen in one intelligence agency, it can also happen in the others, I therefore challenge the Minister to call on the Auditor-General to table a full report to the JSCI of the last five years on the spending of all secret funds within the intelligence domain, within three weeks from today.
With reference to this instance, I would like to refer the hon Minister to paragraph 3(a)(iv) of the Intelligence Services Oversight Act, Act 40 of 1994, as amended, and to what the hon Burgess, Chairperson of the JSCI, said during his budget speech on 1 July 2009:
The JSCI has an oversight function over the new Minister of State Security and the agencies for which the hon Minister is responsible. The JSCI has an oversight over Crime Intelligence, Defence Intelligence, which do not, however, fall under the jurisdiction of the Minister.
On the above-mentioned date in 2009, I said:
The Joint Standing Committee on Intelligence is a creation of the elected representatives of the people to ensure that our Intelligence Service can enjoy the trust of all South Africans.
Besef u, Minister, wat die wanbestuur van geheime fondse aan die gemeenskap doen, en veral aan die rekonsiliasieproses van ons land? Ek glo nie dit kan gemeet word in sekere terme nie.
Die keuring van personeel binne en buite die intelligensiedomein is nog 'n groot bedreiging vir die land se veiligheid. Die agb Minister het op 1 Julie 2009 ges: (Translation of Afrikaans paragraphs follows.)
[Minister, do you realise what the mismanagement of secret funds does to the community, and especially to the reconciliation process of our country? I don't think it can be measured in certain terms.
The vetting of staff inside and outside the intelligence domain is another big threat to the country's safety. The hon Minister said on 1 July 2009:]
We will continue to ensure the full implementation of all elements of our vetting strategy, which contributes to enabling government to expose and root out criminals from the Public Service. In particular, we will ensure that all those seeking employment are subject to appropriate screening prior to entry.
That is questionable, Minister. I quote further:
We shall conduct regular screening of those entrusted with state resources.
On 2 June 2011 the Minister said, "We also seek to deal with the backlog of vetting, which is a critical aspect of the counter-intelligence mandate in the next three years." We have been hearing this for the last four years. It is clear that no service delivery, as far as vetting is concerned, is taking place within the department. My statement is confirmed in that the Head of Crime Intelligence, Gen Richard Mdluli, had almost employed all his family in his department. The City Press of 15 April stated:
Spy boss keeps it in the family. Several of Mdluli's relatives were appointed to police cybercrime unit.
I have mentioned how important that division is.
Die agb Minister dryf die Wetsontwerp op die Beskerming van Staatsinligting met soveel passie, maar intelligensiepersoneel sit in die diens sonder dat hulle behoorlik gekeur is. Hoe wil die Minister geloofwaardigheid behou as ongekeurde personeel in alle range geklassifiseerde inligting moet beskerm? Hoe wil die Minister dit doen? (Translation of Afrikaans paragraph follows.)
[The hon Minister is driving the Protection of State Information Bill with such passion, but intelligence staff is employed in the service without being thoroughly vetted. How will the Minister retain credibility if staff not vetted in all the ranks have to protect classified information? How will the Minister achieve this?] The hon Minister must come and explain, in detail, the real reasons why the three persons in the State Security Agency's top management, namely the Director-General of the SSA, and the head of the domestic and the external component, Mr Njenje and Ambassador Mo Shaik respectively have left the intelligence services. He must not come and try to justify the reasons why they should have left. We want the reasons why they have left.
I have questioned the Minister's commitment of undertaking to complete the restructuring of the Department of State Security into the SSA swiftly and without disruption. His relationship with the JSCI is also an ongoing concern. Last year, when I made the statement that his relationship with the JSCI is a worrying factor, he denied it. However, Minister, when last did you attend a meeting of the JSCI? I will tell you, sir - last year, in November ... [Interjections.] ... when you committed yourself to workshop the General Intelligence Laws Amendment Bill with the JSCI. To date, this has not yet taken place.
As I said earlier, the JSCI also has oversight functions over you, Minister, but we never see you. When we do, you only inform us on matters, like you have done with the presidential proclamation of the name change and restructuring of your department. The JSCI is supposed to be included in all processes and not just to be informed.
There are two other matters of concern, which have also been touched on this afternoon. The Minister has committed himself to report back on an investigation into the insurance matter, and also on the very important, worrying matter of the Border Management Agency. What is going on on our borders?
I want to conclude by asking the Minister of State Security if he believes that he is still committed to the task of responsibility with regard to the Department of State Security, because I do not believe so. [Time expired.]