SOUTH AFRICAN INTELLIGENCE


INTELLIGENCE SERVICES ACT
1994
[Act 94-38, 02 December 1994]

                                                                                
                            OFFICE OF THE PRESIDENT                             
                                                                                
    No. 2079                                                    2 December 1994 
                                                                                
NO. 38 OF 1994: INTELLIGENCE SERVICES ACT, 1994.                                
                                                                                
  It is hereby notified that the President has assented to the following Act,   
 which is hereby published for general information:                             
                                                                                
     GENERAL EXPLANATORY NOTE:                                                  
                                                                                
                ** **         Words between asterisk indicate omissions from    
                              existing enactments.                              
                                                                                
                [[ ]]         Words between pointed brackets indicate           
                              insertions in existing enactments.                
                                                                                
                                      ACT                                       
                                                                                
  To regulate the establishment, organisation and control of the National       
 Intelligence Agency and the South African Secret Service; and to provide for   
 matters connected therewith.                                                   
                                                                                
  (Afrikaans text signed by the President.)  (Assented to 23 November 1994.)    
                                                                                
                                                                                
  BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- 
                                                                                
                                   CHAPTER I                                    
                                                                                
                       Definitions and application of Act                       
                                                                                
                                  Definitions                                   
                                                                                
  1. In this Act, unless the context otherwise indicates-                       
                                                                                
              (i) "Agency" means the National Intelligence Agency established by
              section 3; (ii)                                                   
                                                                                
              (ii) "department" means a department as defined in section I of   
              the Public Service Act, 1994; (iii)                               
                                                                                
              (iii) "Deputy President" means the Executive Deputy President     
              designated by the President; (i)                                  
                                                                                
              (iv) "Director-General" means the person appointed as the         
              Director- General of the Agency or the Service, as the case may   
              be, under section 3; (v)                                          
                                                                                
              (v) "member" means a member of the Agency or the Service, as the  
              case may be; (vii)                                                
                                                                                
              (vi) "Minister" means the Minister designated by the President;   
              (viii)                                                            
                                                                                
              (vii) "misconduct" means-                                         
                                                                                
        (a) the commission of any offence; or                                   
                                                                                
        (b) a contravention of or failure to comply with any provision of this  
        Act which is not an offence; (xiii)                                     
                                                                                
              (viii) "premises" includes any land, building, building works,    
              instrument, equipment or means of transport; (ix)                 
                                                                                
              (ix) "prescribed" means prescribed by regulation; (xii)           
                                                                                
              (x) "Public Service Commission" means the Public Service          
              Commission established by section 209 of the Constitution of the  
              Republic of South Africa, 1993 (Act No.  200 of 1993); (xi)       
                                                                                
              (xi) "regulation" means a regulation made under this Act; (x)     
                                                                                
              (xii) "Service" means the South African Secret Service established
              by section 3; (iv)                                                
                                                                                
              (xiii) "this Act" includes the regulations.  (vi)                 
                                                                                
                               Application of Act                               
                                                                                
  2. Unless the context otherwise indicates, the provisions of this Act shall   
 apply in respect of all members, irrespective of whether they became members   
 at the commencement of this Act or were appointed as members after the         
 commencement of this Act, and irrespective of whether they work in or outside  
 the Republic.                                                                  
                                                                                
                                   CHAPTER II                                   
                                                                                
       Establishment, composition and organisation of Agency and Service        
                                                                                
                      Establishment of Agency and Service                       
                                                                                
  3. (1) There is hereby established a National Intelligence Agency and a South 
 African Secret Service, which shall consist of-                                
                                                                                
        (a) the persons who, on the date of the commencement of this Act, are   
        members of the Bureau as defined in section I of the Bureau for State   
        Security Act, 1978 (Act No.  104 of 1978);                              
                                                                                
        (b) the persons who, on the date of the commencement of this Act, are   
        members of the Department of Intelligence and Security of the African   
        National Congress;                                                      
                                                                                
        (c) the persons who, on the date of the commencement of this Act, are   
        members of the Bophuthatswana Internal Intelligence Service by virtue   
        of their appointment in terms of the Bophuthatswana Internal Intelli-   
        gence Service Act, 1982 (Act No.  25 of 1982), or are appointed in      
        terms of section 15 of the National Security Council Act, 1981 (Act     
        No.  27 of 1981), of Bophuthatswana;                                    
                                                                                
        (d) the persons who, on the date of the commencement of this Act, are   
        members of the Transkei Intelligence Service by virtue of their         
        appointment in terms of the Intelligence Service and State Security     
        Council Act, 1987 (Act No.  67 of 1987), of Transkei;                   
                                                                                
        (e) the persons who, on the date of the commencement of this Act, are   
        members of the Venda National Intelligence Service by virtue of their   
        appointment in terms of the National Intelligence Service Act, 1988     
        (Act No.  31 of 1988), of Venda; the persons who, immediately before    
        the commencement of the Constitution of the Republic of South Africa,   
        1993 (Act No.  200 of 1993), were members of any intelligence service   
        or intelligence structure of-                                           
                                                                                
              (i) any Government of a self-governing territory as defined in    
              section 38(1) of the Self-governing Territories Constitution Act, 
              1971 (Act No.  21 of 1971); or                                    
                                                                                
              (ii) any political party or organisation, and in respect of whom  
              such service or structure applies within seven days after the     
              commencement of this Act, to the Director-General to become       
              members of the Agency or the Service; and                         
                                                                                
        (g) the persons appointed after the commencement of this Act in terms   
        of the provisions thereof, as members of the Agency or the Service:     
        Provided that any person contemplated in paragraphs (a) to (f) who,     
        within two months after the commencement of this Act elects in writing  
        to the Director-General not to be a member of the Agency or the         
        Service, shall be deemed to have resigned voluntarily with effect from  
        the date of such election:  Provided further that the persons           
        contemplated in paragraphs (a) to (f) are South African citizens and    
        that their names appear on a personnel list submitted by the head of    
        each organisational component referred to in subsection (2)(a) to the   
        President within seven days after the commencement of this Act.         
                                                                                
  (2) (a) The persons referred to in subsection (1)(a) to (f), shall continue   
 in their service and shall form organisational components of both the Agency   
 and the Service until their integration into and the rationalisation of the    
 Agency and the Service in terms of subsection (3).                             
                                                                                
        (b) Any person who at the commencement of this Act, is the head of a    
        Bureau, Service, Department or structure contemplated in paragraph (a)  
        shall be the organisational head of the corresponding organisational    
        component of the Agency and the Service, but shall manage such          
        component subject to the control of both Directors-General:  Provided   
        that a Director-General may not also be the head of an organisational   
        component.                                                              
                                                                                
        (c) If an organisational component, for whatever reason, does not have  
        a head at the commencement of this Act, the Directors-General may,      
        after consultation with the advisory board contemplated in section 31   
        and with the concurrence of the President, appoint a member as head of  
        such component.                                                         
                                                                                
        (d) The Directors-General may designate a member or members to form a   
        management committee for an organisational component, and in such a     
        case the head of such organisational component shall manage such        
        component with the concurrence of such management committee:  Provided  
        that the Directors-General may, in the case where an organisational     
        component does not have a head, appoint a management committee as head  
        of such organisational component.                                       
                                                                                
        (e) The head of an organisational component and a management committee  
        (if any) shall report to and act upon the directions of the             
        Directors-General.                                                      
                                                                                
        (f) The salary, salary scale and other conditions of employment of a    
        member serving in an organisational component contemplated in           
        paragraph (a) shall be those that were applicable to such member        
        immediately before the commencement of this Act by virtue of a law      
        repealed by section 32:  Provided that the salary, salary scale and     
        other conditions of employment of persons referred to in subsection     
        (1)(b) and (f)(ii) shall be determined by the advisory board            
        contemplated in section 31, acting with the concurrence of the          
        Directors-General and the President:  Provided further that if the      
        salary which a member receives in terms of this paragraph after the     
        commencement of this Act is less than the salary on the scale           
        determined for him or her after his or her appointment or allocation    
        under subsection (3), such member will be entitled to a sum equal to    
        the difference between the salary received and the salary determined,   
        calculated from the commencement of this Act.                           
                                                                                
  (3) The President shall for the purpose of the Agency and the Service-        
                                                                                
        (a) appoint a Director-General for the Agency and a Director-General    
        for the Service;                                                        
                                                                                
        (b) establish chief directorates, directorates and divisions for the    
        Agency and the Service, and prescribe the post structures thereof;      
                                                                                
        (c) prescribe the functions of the structures contemplated in           
        paragraph (b);                                                          
                                                                                
        (d) appoint managers and allocate members to the structures referred    
        to in paragraph (b) from among members of the organisational            
        components; and                                                         
                                                                                
        (e) in general, but subject to the provisions of this Act, determine    
        and prescribe all matters that are necessary or expedient for the       
        creation and establishment of the Agency and the Service out of the     
        organisational components.                                              
                                                                                
  (3) The Director-General shall, as far as is reasonably practicable, take     
 steps to ensure that-                                                          
                                                                                
        (a) national security intelligence, intelligence collection methods,    
        sources of information and the identity of members of the Agency or     
        the Service, as the case may be, are protected from unauthorised        
        disclosure;                                                             
                                                                                
        (b) no action is carried out that could give rise to any reasonable     
        suspicion that the Agency or the Service, as the case may be, is        
        concerned in furthering, protecting or undermining the interests of     
        any section of the population or any political party or organisation;   
        and                                                                     
                                                                                
        (c) the functions of the Agency or the Service, as the case may be,     
        are limited to what is necessary for the purposes of the discharge of   
        its functions in terms of the National Strategic Intelligence Act,      
        1994, and the Secret Services Act, 1978 (Act No.  56 of 1978).          
                                                                                
  (4) The Directors-General shall take steps to ensure the expeditious integra- 
 tion and rationalisation of the organisational components into the Agency and  
 the Service.                                                                   
                                                                                
                          Powers and duties of members                          
                                                                                
  5. (1) A member may exercise such powers and shall perform such duties as are 
 by or under this Act or any other law conferred or imposed upon him or her,    
 and shall in the performance of his or her functions obey all lawful           
 directions which he or she may from time to time receive from a person having  
 the authority to give such directions.                                         
                                                                                
  (2) If a judge as defined in section 1 of the Interception and Monitoring     
 Prohibition Act, 1992 (Act No.  127 of 1992), is convinced, on the grounds     
 mentioned in a written application complying with directives issued under      
 subsection (7), that-                                                          
                                                                                
        (a) information which has or could probably have a bearing on the       
        functions of the Agency or the Service as contemplated in section 2 of  
        the National Strategic Intelligence Act, 1994, can be obtained on any   
        premises and such information is of substantial importance to the       
        Agency or the Service in the discharge of its functions; or             
                                                                                
        (b) there is on any premises information which has or could probably    
        have a bearing on the functions of the Agency or the Service as         
        contem- plated in section 2 of the National Strategic Intelligence      
        Act, 1994, which information is required by the Agency or the Service   
        for the proper discharge of its functions,                              
        and that such information cannot reasonably be obtained by other        
        means, he or she may issue the Agency or the Service with a direction   
        authorising any member when reasonably necessary-                       
                                                                                
              (i) to enter such premises;                                       
                                                                                
              (ii) to search such premises with the purpose of obtaining such   
              information;                                                      
                                                                                
              (iii) to examine, copy, photograph or transcribe any article,     
              document or other material on such premises; and                  
                                                                                
              (iv) to remove any article, document or other material from the   
              premises, for as long as is reasonably necessary, for the purposes
              of examining, copying, photographing or transcribing it, as the   
              case may be.                                                      
                                                                                
  (3) (a) A direction referred to in subsection (2) shall be issued by the      
 judge concerned for a specific period not exceeding three months.              
                                                                                
        (b) A direction referred to in paragraph (a) may be executed by a       
        member of the Agency or the Service, as the case may be, provided that  
        such member has been authorised thereto by another member of such       
        Agency or Service holding a post of at least chief manager.             
                                                                                
  (4) The judge referred to in subsection (2) may, upon a written application   
 complying with the directives issued under subsection (7), extend the period   
 referred to in subsection (3) for a further period not exceeding three months  
 at a time, if that judge is convinced that the extension is necessary for a    
 reason mentioned in subsection (2).                                            
                                                                                
  (5) An application referred to in subsections (2) and (4) shall be heard and  
 a direction issued without any notice to the person, body or organisation to   
 which the application applies and without hearing such person, body or         
 organisation.                                                                  
                                                                                
  (6) Notwithstanding anything to the contrary contained in any other law or    
 the common law, the entry of any premises or the handling of any property,     
 article, document or any other material in or on or relating to such premises  
 by a member shall not be unlawful if it is done on the authority of a          
 direction issued in terms of this section.                                     
                                                                                
  (7) The Judges-President of the several Divisions of the Supreme Court of     
 South Africa may jointly issue directives to uniformly regulate the manner and 
 procedure of applications in terms of subsection (2).                          
                                                                                
                 General powers of Deputy President or Minister                 
                                                                                
  6. (1) The Deputy President or the Minister may, subject to the provisions of 
 this Act, do or cause to be done all things which in his or her opinion are    
 necessary for the efficient superintendence, control and functioning of, and   
 action taken by, the Agency or the Service.                                    
                                                                                
  (2) Without derogating from the generality of his or her powers in terms of   
 subsection (1), the Deputy President or the Minister may-                      
                                                                                
        (a) acquire or hire any premises, with or without any buildings         
        thereon, which may be necessary for the efficient functioning of the    
        Agency or the Service, and erect and maintain any buildings so          
        required and, with the concurrence of the Minister of Finance, supply   
        guarantees, indemnities and securities for those purposes;              
                                                                                
        (b) acquire and utilise any premises, movable property and any other    
        equipment which may be necessary for the efficient functioning of the   
        Agency or the Service;                                                  
                                                                                
        (c) with the concurrence of the Minister of Finance, sell, let or       
        otherwise dispose of any premises, with or without any building         
        thereon, and anything referred to in paragraph (b), which are no        
        longer required for the said purposes.                                  
                                                                                
      Appointment, promotion, discharge, demotion and transfer of members       
                                                                                
  7. (1) The Deputy President or the Minister may, subject to the provisions of 
 this Act, appoint any person as a member and any member may in accordance with 
 the said provisions be promoted, discharged, reduced in rank or grade or       
 transferred.                                                                   
                                                                                
  (2) Any document in the prescribed form purporting to have been signed by the 
 Deputy President or the Minister and certifying that any person has been       
 appointed as a member shall be prima facie proof that such person has been so  
 appointed.                                                                     
                                                                                
                  Security screening and discharge of members                   
                                                                                
  8. (1) Subject to section 3(1)(a), (b), (c), (d), (e) and (f), no person may  
 be appointed as a member before-                                               
                                                                                
        (a) information with respect to that person has been gathered in the    
        prescribed manner in a security screening investigation by the Agency   
        or the Service, as the case may be; and                                 
                                                                                
        (b) the Deputy President or the Minister after evaluating the           
        collected information, is reasonably of the opinion that such person    
        may be appointed as a member without the possibility that such person   
        might be a security risk or that he or she might act in any way         
        prejudicial to security interests of the Republic.                      
                                                                                
  (2) If the Deputy President or the Minister is reasonably of the opinion that 
 a person may be appointed without the possibility that such person might be a  
 security risk or might act in a way prejudicial to security interests, as      
 contemplated in subsection (1)(b), he or she shall issue a document with       
 respect to such person in which it is certified that such person has           
 successfully undergone a security clearance and is regarded by him or her as   
 security competent:  Provided that the Deputy President or the Minister may    
 withdraw such certificate if he or she should obtain information which, after  
 evaluation by him or her, causes him or her no longer to be reasonably of the  
 opinion that the member may be employed as a member without the possibility    
 that the member could be a security risk or could possibly act in any manner   
 prejudicial to security interests of the Republic.                             
                                                                                
  (3) If-                                                                       
                                                                                
        (a) the certificate, referred to in subsection (2), is withdrawn; or    
                                                                                
        (b) the Deputy President or the Minister obtains information regarding  
        a person who became a member in terms of section 3(l)(a), (b), (c),     
        (d), (e) or (f) which causes him or her to be reasonably of the         
        opinion that that person could be a security risk or could possibly     
        act in any manner prejudicial to security interests of the Republic,    
        such member shall be deemed unfit for further membership of the Agency  
        or the Service and the Deputy President or the Minister may-            
                                                                                
              (i) discharge such person or member from the Agency or the        
              Service; or                                                       
                                                                                
              (ii) after consultation with the Public Service Commission        
              transfer such person or member to another department on the       
              conditions determined by the Deputy President or the Minister.    
                                                                                
         Discharge of members on account of long absence without leave          
                                                                                
  9. Any member who absents himself or herself from his or her official duties  
 without the permission of the Director-General concerned for a period exceed-  
 ing one month, shall be deemed to have been discharged from the Agency or the  
 Service, as the case may be, on account of misconduct with effect from the     
 date immediately following upon the last day on which he or she was present at 
 his or her place of duty:  Provided that if any member absents himself or      
 herself from his or her official duties without such permission and accepts    
 other employment he or she shall be deemed to have been so discharged even if  
 he or she has not yet so absented himself or herself for a period of a month:  
 Provided further that if a member deemed to have been so discharged, again     
 reports for duty, the Director-General concerned may, notwithstanding anything 
 to the contrary contained in any law but subject to the approval of the Deputy 
 President or the Minister, reinstate him or her in his or her former post or   
 appoint him or her to any other post or appointment in the Agency or the       
 Service, as the case may be, on such conditions as the Director-General        
 concerned may deem fit, and in that event the period of his or her absence     
 from his or her official duties shall be deemed to have been absence on        
 vacation leave without pay, or leave on such other conditions as the           
 Director-General concerned may determine.                                      
                                                                                
                 Discharge of members on account of ill-health                  
                                                                                
  10.  (1) Any member may be discharged from the Agency or the Service by the   
 Director-General concerned if, after enquiry in the prescribed manner as to    
 his or her state of health, such Director-General is of the opinion that he or 
 she is by reason of ill-health unfit to remain in the Agency or the Service,   
 as the case may be.                                                            
                                                                                
  (2) Any member discharged in terms of subsection (1) may in the prescribed    
 manner appeal to the Deputy President or the Minister, who may thereupon set   
 aside or confirm his or her discharge.                                         
                                                                                
 Discharge or reduction in rank or grade of members on account of inefficiency  
                                                                                
  11.  (1) A member may be discharged from the Agency or the Service or reduced 
 in rank or grade by the Director-General concerned if, after enquiry in the    
 prescribed manner as to his or her fitness to remain in employment or to       
 retain his or her rank or grade, such Director-General is of the opinion that  
 such member is incapable of performing his or her duties efficiently.          
                                                                                
  (2) A member who has been discharged from the Agency or the Service, as the   
 case may be, or reduced in rank or grade in terms of subsection (1), may in    
 the prescribed manner appeal to the Deputy President or the Minister, who may  
 thereupon set aside or confirm his or her discharge or reduction in rank or    
 grade, as the case may be.                                                     
                                                                                
  Transfer and discharge on account of public interest, secondment of members,  
                   and temporary employment of other persons                    
                                                                                
  12.  (1) If the public interest so requires, the Deputy President or the      
 Minister may-                                                                  
                                                                                
        (a) transfer any member from the post held by him or her to any other   
        post-                                                                   
                                                                                
              (i) in the Agency or the Service, as the case may be; or          
                                                                                
              (ii) if the Minister concerned has concurred therein and the      
              Public Service Commission has so recommended, in any other        
              department, whether or not such post is of a lower grade than that
              of the post held by him or her, and whether or not such post is   
              within or outside the Republic:  Provided that-                   
                                                                                
          (aa) upon such a transfer a member's salary and salary scale shall    
          not be reduced without his or her consent, except in accordance with  
          the provisions of Chapter III;                                        
                                                                                
          (bb) such a transfer to another department shall take place on such   
          conditions as may be determined on the recommendation of the Public   
          Service Commission; and                                               
                                                                                
          (cc) a member shall not without his or her consent be transferred to  
          a post outside the Agency or the Service, as the case may be, if      
          such transfer will, save for his or her salary, result in a change    
          in his or her conditions of service;                                  
                                                                                
        (b) discharge any such member from the Agency or the Service, as the    
        case may be, on such conditions as the Deputy President or the          
        Minister may determine.                                                 
                                                                                
  (2) A member may, with his or her consent and upon such conditions as may be  
 approved by the Deputy President or the Minister, be seconded by the           
 Director-General concerned for the performance of a particular service or for  
 a specified period, to the service of any other government or any other        
 authority, or any board, institution or body, but shall, while so seconded,    
 remain subject to the provisions of this Act and any other law which applies   
 to him or her.                                                                 
                                                                                
  (3) The Director-General concerned may by contract engage any person for the  
 performance of a particular service or for any period approved by the Deputy   
 President or the Minister.                                                     
                                                                                
                              Delegation of powers                              
                                                                                
  13.  (1) The Deputy President or the Minister may on such conditions as he or 
 she may deem fit delegate any power conferred upon him or her by this Act,     
 excluding any power conferred upon him or her by section 6(1), 8(3)(b)(i) and  
 (ii), 9, 10(2), 11(2), 12(1)(a)(ii) and (b), 15(9), 16, 17(4), 19(3)(a) and    
 (4), 21, 24(1), 25(2), 29, 30(2), (3) and (4) or 32(4), to the                 
 Director-General or any other member of the Agency or the Service, as the case 
 may be, and any such power exercised in terms of such a delegation shall be    
 deemed to have been exercised by such Deputy President or Minister.            
                                                                                
  (2) The Director-General may delegate any power conferred upon him or her by  
 or under this Act to any other member of the Agency or the Service, as the     
 case may be, and any power exercised in terms of such a delegation shall be    
 deemed to have been exercised by that Director-General.                        
                                                                                
                                                                                
                                  CHAPTER III                                   
                                                                                
                                   Discipline                                   
                                                                                
                       Savings with respect to misconduct                       
                                                                                
  14.  Nothing in this Act contained shall be construed as indemnifying any     
 member against prosecution in or conviction by any court of law in respect of  
 any offence.                                                                   
                                                                                
               Procedure in case of alleged misconduct of members               
                                                                                
  15.  (1) The Director-General concerned may, in the manner prescribed, charge 
 any member with misconduct and request him or her to submit, within such       
 period and in such manner as may be prescribed, a written admission or denial  
 of the charge and any written explanation he or she may wish to offer in       
 connection with the alleged misconduct.                                        
                                                                                
  (2) After the expiration of the said period the Director-General concerned    
 may appoint a board of enquiry to investigate the charge in question.          
                                                                                
  (3) A board of enquiry may subpoena any person as a witness and administer an 
 oath to a person so subpoenaed or, in lieu thereof, accept an affirmation from 
 him or her.                                                                    
                                                                                
  (4) At the investigation of any charge in terms of this section, the law      
 relating to evidence and witnesses as applicable in connection with criminal   
 proceedings in a magistrate's court, except the proviso to section 217(1) of   
 the Criminal Procedure Act, 1977 (Act No.  51 of 1977), shall, subject to the  
 provisions of this Act, apply.                                                 
                                                                                
  (5) Where a member is charged with misconduct which constitutes an offence in 
 respect of which he or she has been convicted by a court of law, a certified   
 copy of the record of the trial in question shall, on its mere production by   
 any person, be admissible in evidence before the board of enquiry              
 investigating the charge, and a certified copy of the charge and conviction in 
 question shall, on its mere production by any person to such board, be prima   
 facie proof of the commission of such offence by the member concerned.         
                                                                                
  (6) After considering the evidence adduced at the enquiry and affording the   
 member charged or another member referred to in section 16 assisting or        
 representing him or her an opportunity of addressing the board of enquiry, the 
 board shall find the member charged guilty or not guilty of the misconduct     
 with which he or she has been charged and inform him or her of its finding:    
 Provided that if the member charged admits, pursuant to a request under        
 subsection (1) or to the board, that he or she is guilty of the misconduct in  
 question, he or she may be found guilty without any evidence having been       
 adduced.                                                                       
                                                                                
  (7) A member found guilty of misconduct may, within such period and in such   
 manner as may be prescribed, appeal to the Deputy President or the Minister    
 against the finding of the board of enquiry and make representations in        
 writing to the Deputy President or the Minister in regard to the imposition of 
 punishment.                                                                    
                                                                                
  (8) The board of enquiry shall and the Director-General concerned may make    
 recommendations to the Deputy President or the Minister regarding the          
 punishment which may be imposed upon a member found guilty.                    
                                                                                
  (9) The Deputy President or the Minister may, after considering the record of 
 the proceedings before the board of enquiry and the recommendations of the     
 board, and the recommendations of the Director-General concerned and the       
 grounds of appeal of, and any representations made by, the member charged,     
 direct that the conviction and sentence be set aside, or confirm the           
 conviction on any charge and-                                                  
                                                                                
        (a) direct that no further action be taken in the matter;               
                                                                                
        (b) direct that the member concerned be cautioned or reprimanded;       
                                                                                
        (c) impose upon the member concerned a fine not exceeding the amount    
        determined from time to time by the Deputy President or the Minister    
        by regulation, and which may be recovered by way of deductions from     
        his or her salary or allowances;                                        
                                                                                
        (d) direct that his or her salary, rank or grade or both his or her     
        salary and rank or grade be reduced to such extent as may be            
        recommended;                                                            
                                                                                
        (e) direct that the member be called upon to resign from the Agency or  
        the Service, as the case may be, from a date specified by the Deputy    
        President or the Minister; or discharge the member from the Agency or   
        the Service, as the case may be, from a date specified by the Deputy    
        President or the Minister.                                              
                                                                                
                       Representation at Board of Enquiry                       
                                                                                
  16.  Any member may-                                                          
                                                                                
        (a) with respect to his or her appearance before a board of enquiry     
        referred to in section 15;                                              
                                                                                
        (b) with respect to an investigation held in terms of sections 10 and   
        11; and                                                                 
                                                                                
        (c) with respect to any other investigation held in terms of this Act   
        and as a consequence of which a decision or finding that may be         
        prejudicial to his or her rights may be made,                           
        be represented and assisted only by another member:  Provided that if   
        there is no member who satisfies the requirements for a degree          
        entitling him or her to admission as an attorney in terms of the        
        Attorneys Act, 1979 (Act No.  53 of 1979), or as an advocate in terms   
        of the Admission of Advocates Act, 1964 (Act No.  74 of 1964), and who  
        is available and prepared to represent and assist the member, that      
        particular member, should he or she so insist, shall be entitled to     
        legal representation by a person from outside the Agency or the         
        Service, as the case may be:  Provided further that the Deputy          
        President or the Minister may make regulations which he or she deems    
        necessary and advisable to protect intelligence, information and        
        documents in the possession or under the control of the Agency or the   
        Service, as the case may be, from unauthorised disclosure and which     
        shall also apply to the said legal representative from outside the      
        Agency or the Service.                                                  
                                                                                
                             Suspension of members                              
                                                                                
  17.  (1) A member may be suspended from his or her office on full salary and  
 benefits pending his or her trial or after his or her conviction of any        
 offence, whether under this Act or otherwise, or pending any enquiry at which  
 a charge of misconduct against him or her or his or her fitness to remain in   
 the Agency or the Service, as the case may be, or to retain his or her rank or 
 grade is being investigated, and shall be so suspended during any period       
 during which he or she is under arrest or detention or is serving a term of    
 imprisonment, but shall not by reason of such suspension cease to be a member. 
                                                                                
  (2) During the suspension of a member his or her powers, functions and        
 authority as such a member shall be in abeyance, but he or she shall continue  
 to be subject to the same duties and discipline as if he or she had not been   
 suspended.                                                                     
                                                                                
  (3) The suspension of a member may be terminated at any time.                 
                                                                                
  (4) The suspension or the termination of the suspension of a member shall     
 take place on the instructions of the Deputy President or the Minister or, as  
 a provisional measure pending the decision of the Deputy President or the      
 Minister, on the instructions of the Director-General concerned.               
                                                                                
             Manner in which notice may be given or process served              
                                                                                
  18.  If by this Act it is provided-                                           
                                                                                
        (a) that any notice, statement or other document is to be given or      
        supplied to or served upon any person or that any matter is to be or    
        may be conveyed to any person in writing, the notice, statement,        
        document or writing may be sent by post in a registered letter or be    
        delivered to him or her or left at his or her last known place of       
        residence; or                                                           
                                                                                
        (b) that any person is to be informed of any decision or finding, he    
        or she may be informed thereof verbally or by writing sent by post in   
        a registered letter or delivered to him or her or left at his or her    
        last known place of residence.                                          
                                                                                
                                   CHAPTER IV                                   
                                                                                
                                    General                                     
                                                                                
                Whole time of members to be at disposal of State                
                                                                                
  19.  (1) Unless otherwise provided in this Act-                               
                                                                                
        (a) every member shall place the whole of his or her time at the        
        disposal of the State;                                                  
                                                                                
        (b) no member shall perform or engage himself or herself to perform     
        any remunerative work outside his or her employment; and                
                                                                                
        (c) no member may claim as of right additional remuneration in respect  
        of any official duty or work which he or she is required by a           
        competent authority to perform.                                         
                                                                                
  (2) Notwithstanding the provisions of subsection (1), the Deputy President or 
 the Minister may grant permission to a member to perform or engage himself or  
 herself to perform remunerative work outside his or her employment.            
                                                                                
  (3) (a) Where a member receives any remuneration, allowance or other reward   
 whatsoever in connection with the performance of his or her work, otherwise    
 than in accordance with the provisions of this Act or in contravention of the  
 provisions of subsection (1)(b), such member shall pay to the Agency or the    
 Service, as the case may be, an amount equal to the amount of such             
 remuneration, allowance or reward or, where it does not consist of money the   
 value thereof, as determined by the Director-General concerned, and if he or   
 she does not do so, such Director-General may recover it from him or her by    
 way of legal proceedings or in such manner as such Director-General may deem   
 fit:  Provided that-                                                           
                                                                                
              (i) there shall be a right of appeal to the Deputy President or   
              the Minister against that determination by the Director-General;  
              and                                                               
                                                                                
              (ii) the Deputy President or the Minister may approve the         
              retaining by a member of the whole or a portion of that           
              remuneration, allowance or reward.                                
                                                                                
        (b) Where in the opinion of the Director-General concerned a member     
        has received any remuneration, allowance or other reward as             
        contemplated in paragraph (a) and it is still in his or her possession  
        or under his or her control or in the possession or under the control   
        of some other person on his or her behalf or, if it is money, has been  
        deposited in any bank, the post office savings bank or any building     
        society or other financial institution in his or her name or in the     
        name of some other person on his or her behalf, such Director-General   
        may in writing require such member or such other person or such bank,   
        the post office or such building society or financial institution not   
        to dispose thereof, or, if it is money, to retain a corresponding sum   
        of money, as the case may be, pending the outcome of any legal          
        proceedings for the recovery of such remuneration, allowance or reward  
        or the value thereof.                                                   
                                                                                
  (4) Any salary, allowance, fee, bonus or honorarium which may be payable in   
 respect of the service of a member seconded to any other government or any     
 other authority or to any board, institution or body in terms of section       
 12(2), shall be paid to the Agency or the Service, as the case may be:         
 Provided that in special circumstances the Deputy President or the Minister    
 may approve the payment to such member of an amount equal to the said salary,  
 allowance, fee, bonus or honorarium, or a portion thereof.                     
                                                                                
                 Reward for extraordinary diligence or devotion                 
                                                                                
  20.  The Director-General concerned may, with the approval of the Deputy      
 President or the Minister, award to any person who is or was a member, for     
 extraordinary diligence or devotion in the performance of his or her duties as 
 such a member, such monetary or other reward as he or she considers            
 appropriate in the circumstances.                                              
                                                                                
              Establishment of decorations and medals for members               
                                                                                
  21.  The Deputy President or the Minister may establish and introduce         
 decorations and medals, as well as bars, clasps and ribbons in respect of such 
 decorations and medals, which may be awarded by him or her, subject to such    
 conditions as may be prescribed, to any person who is or was a member, in      
 respect of his or her services as such a member or to any other person who has 
 rendered exceptional services to the Agency or the Service.                    
                                                                                
                                    Offences                                    
                                                                                
  22.  (1) Any person-                                                          
                                                                                
        (a) not being a member, who-                                            
                                                                                
              (i) by words, conduct or demeanour pretends that he or she is such
              a member;                                                         
                                                                                
              (ii) pursuades any member to omit to carry out his or her duty or 
              to do any act in conflict with his or her duty; or                
                                                                                
              (iii) is an accomplice to the commission of any act whereby any   
              lawful order given to a member or any regulation may be evaded;   
                                                                                
        (b) subpoenaed in terms of section 15 to appear as a witness at an      
        enquiry who fails to attend at the time and place mentioned in the      
        subpoena, or, having attended, refuses to answer all questions          
        lawfully put to him or her;                                             
                                                                                
        (c) subpoenaed in terms of section 15 to appear as a witness at an      
        enquiry and at any such enquiry makes any false statement on oath       
        knowing it to be false;                                                 
                                                                                
        (d) who unlawfully and intentionally violates a provision of the        
        regulations mentioned in the second proviso to section 16;              
                                                                                
        (e) who fails to comply with a requirement in terms of section          
        19(3)(b); who, not being the person to whom a decoration or medal was   
        awarded, wears it or, without the written permission of the Director-   
        General concerned, makes use of any decoration or medal established or  
        introduced under this Act, or of its bar, clasp or ribbon, or anything  
        so closely resembling any such decoration, medal, bar, clasp or ribbon  
        as to be calculated to deceive;                                         
                                                                                
        (g) who, without the approval of the Deputy President or the Minister,  
        in connection with any activity carried on by him or her takes,         
        assumes, uses or in any manner publishes any name, description, title   
        or symbol indicating or conveying or purporting to indicate or convey   
        or is calculated or is likely to lead other persons to believe or       
        infer that such activity is carried on under or by virtue of the        
        provisions of this Act or under the patronage of the Agency or the      
        Service, as the case may be, or is in any manner associated or          
        connected with the Agency or the Service;                               
                                                                                
        (h) who enters upon or is on or in any premises in contravention of     
        any prohibition or restriction under section 24, shall be guilty of an  
        offence.                                                                
                                                                                
  (2) Any person convicted of an offence under this Act shall be liable-        
                                                                                
        (a) in the case of a contravention of subsection (1) (a) or (b) to a    
        fine, or to imprisonment for a period not exceeding six months;         
                                                                                
        (b) in the case of a contravention of subsection (1)(c) to the          
        penalties prescribed by law for perjury;                                
                                                                                
        (c) in the case of a contravention of subsection (1)(d), (e) or (f) to  
        a fine, or to imprisonment for a period not exceeding one year;         
                                                                                
        (d) in the case of a contravention of subsection (1)(g) to a fine, or   
        to imprisonment for a period not exceeding two years;                   
                                                                                
        (e) in the case of a contravention of subsection (1)(h) to a fine, or   
        to imprisonment for a period not exceeding 15 years.                    
                                                                                
             Extra-territorial application of Act, and jurisdiction             
                                                                                
  23.  (1) Any act constituting an offence or misconduct under this Act and     
 which is committed outside the Republic by any South African citizen or any    
 person domiciled in the Republic shall be deemed to have been committed also   
 in the Republic.                                                               
                                                                                
  (2) Any offence or misconduct under this Act shall, for the purposes of       
 determining the jurisdiction of a court or board of enquiry to try the offence 
 or misconduct, be deemed to have been committed at a place where it actually   
 was committed and also at any place where the accused or person concerned      
 happens to be.                                                                 
                                                                                
                       Prohibition of access to premises                        
                                                                                
  24.  (1) The Deputy President or the Minister may by notice in the Gazette or 
 in any other manner which he or she deems sufficient in the circumstances,     
 prohibit or restrict access to any premises under the control of the Agency or 
 the Service.                                                                   
                                                                                
  (2) The Deputy President or the Minister may take or cause to be taken such   
 measures as he or she deems necessary for the security of, or the application  
 of a prohibition of or a restriction on access to, such premises, and may in   
 connection with any measures so taken cause such notices to be published or    
 such warning notices to be erected as he or she may in each particular case    
 deem necessary.                                                                
                                                                                
                                    Canteens                                    
                                                                                
  25.  (1) Notwithstanding anything to the contrary contained in any other law, 
 the Deputy President or the Minister may establish canteens for the Agency or  
 the Service and for the organisational components thereof.                     
                                                                                
  (2) The production of an official document signed by the Deputy President or  
 the Minister and indicating that he or she has established a canteen for the   
 purposes of this section, shall be conclusive proof that it is a canteen       
 falling under this section.                                                    
                                                                                
  (3) For the purposes of this section "canteen" includes any mess, pub or      
 institution of the Agency or the Service or any premises temporarily or        
 permanently used for providing recreation, refreshments or necessaries mainly  
 for members or retired members or for the families of such members or retired  
 members or for persons employed in any work in or in connection with any such  
 mess, pub, institution or premises.                                            
                                                                                
  Limitation of actions, notification of proceedings and cause of action, and   
                         service el of certain process                          
                                                                                
  26.  (1) Any civil proceedings against the State or any person in respect of  
 anything done in pursuance of this Act, shall be instituted within two years   
 after becoming aware that the cause of action arose, and notice in writing of  
 any such proceedings and of the cause thereof shall be given to the defendant  
 not less than one month before it is instituted.                               
                                                                                
  (2) If any notice contemplated in subsection (1) is given to the              
 Director-General concerned, it shall be deemed to be notification to the       
 defendant concerned.                                                           
                                                                                
  (3) Any process by which any proceedings contemplated in subsection (1) is    
 instituted and in which the Deputy President or the Minister is the defendant  
 or respondent, may be served on the Director-General concerned.                
                                                                                
                                Missing members                                 
                                                                                
  27.  (1) If a member is missing and the Director-General concerned is         
 satisfied that his or her absence arose from the performance of his or her     
 functions in terms of this Act, such member shall for all purposes be deemed   
 to be still employed by the Agency or the Service, as the case may be, from    
 the first day after the day on which such absence commenced until the day on   
 which he or she again reports for duty or, in the opinion of the               
 Director-General concerned, should have so reported, or a competent court      
 issued an order whereby the death of such member is presumed.                  
                                                                                
  (2) The salary or wages and allowances accruing to a member during his or her 
 absence contemplated in subsection (1) shall, subject to the provisions of     
 subsection (4), be paid to his or her spouse or, if he or she has no spouse,   
 to his or her other dependants, or to any person who, in the opinion of the    
 Director-General concerned, is competent to receive and administer such salary 
 or wages and allowances on behalf of his or her spouse or such other           
 dependants.                                                                    
                                                                                
  (3) Payment of any salary or wages and allowances in terms of subsection (2)  
 shall for all purposes be deemed to be payment thereof to the member           
 concerned, and an amount so paid shall not be recoverable by the State from    
 any person.                                                                    
                                                                                
  (4) Notwithstanding the provisions of subsection (2) the Director-General     
 concerned may in his or her discretion direct that only a portion of the       
 salary or wages and allowances of a member be paid in terms of the said        
 subsection or that no portion thereof be so paid.                              
                                                                                
  Exemption from training and compulsory service in National Defence Force and  
                          South African Police Service                          
                                                                                
  28.  (1) The provisions of the Defence Act, 1957 (Act No.  44 of 1957),       
 relating to service or the liability to undergo training shall not apply to    
 any member of the Agency or the Service.                                       
                                                                                
  (2) The provisions of the Police Act, 1958 (Act No.  7 of 1958), relating to  
 the establishment or functioning of, or service or training in, the Police     
 Reserve, shall not apply to any member of the Agency or the Service.           
                                                                                
  (3) (a) Notwithstanding the provisions of subsections (1) and (2), the Deputy 
 President or the Minister may, in the event of war or when, in his or her      
 opinion, a state of emergency exists, and having regard to the requirements of 
 the Agency and the Service, second any member for service or training in the   
 National Defence Force or the South African Police Service.                    
                                                                                
        (b) A member shall, while so seconded for service or training, be       
        subject to the discipline, command and control applicable to the        
        National Defence Force or the South African Police Service, as the      
        case may be, but shall not thereby be exempted from the application of  
        the provisions of this Act.                                             
                                                                                
                                  Regulations                                   
                                                                                
  29.  (1) The Deputy President or the Minister may make regulations as to-     
                                                                                
        (a) the employment, training, promotion, posting, transfer, leave of    
        absence, resignation, discharge, dismissal, suspension or reduction in  
        rank or grade of members and the personnel management of those members  
        in general;                                                             
                                                                                
        (b) the standards of physical and mental fitness and the medical        
        examination of members, and the medical, dental and hospital            
        treatment of such members and their families;                           
                                                                                
        (c) the provision of medical, dental and hospital treatment of members  
        who have retired on pension, and their families and of the families of  
        members who have died or die;                                           
                                                                                
        (d) the numerical establishment of the Agency or the Service, the       
        conditions of service of the members thereof, the salaries, salary      
        scales, wages and allowances of members and the systems relating to     
        the administration and determination thereof and the various            
        divisions, branches, grades, ranks and designations in the Agency and   
        the Service;                                                            
                                                                                
        (e) the establishment and maintenance of training institutions or       
        centres for members, and the instruction, training, discipline and      
        control of such members at such institutions or centres; the            
        definition of offences against duty and discipline and, generally, the  
        control and discipline of the Agency and the Service;                   
                                                                                
        (g) the deductions to be made from the salaries, wages or allowances    
        of members;                                                             
                                                                                
        (h) the assembly of boards of enquiry appointed under this Act, the     
        procedure at the proceedings of such boards and the attendance of       
        witnesses thereat;                                                      
                                                                                
        (i) the charging of members with misconduct;                            
                                                                                
        (j) appeals in terms of this Act;                                       
                                                                                
        (k) the provision of stores, accessories, other equipment and means of  
        transport required for the Agency and the Service, and the care, safe   
        custody and maintenance thereof;                                        
                                                                                
        (l) the exercise of their powers and the performance of their           
        functions by members;                                                   
                                                                                
        (m) the design, award, use, care, loss, forfeiture and restoration of   
        any decoration or medal established or introduced in terms of this      
        Act, and its bar, clasp or ribbon;                                      
                                                                                
        (n) returns, registers, records, books, forms, other documents and      
        correspondence relating to the Agency and the Service;                  
                                                                                
        (o) the recovery from a member of any deficiency, loss, damage or       
        expense which he or she has unlawfully caused to the State;             
                                                                                
        (p) the establishment and conduct, and the control of the funds, of     
        canteens contemplated in section 25;                                    
                                                                                
        (q) the control of funds collected or received by members for the       
        benefit of members or ex-members, or their dependants;                  
                                                                                
        (r) the general management and maintenance of the Agency and the        
        Service;                                                                
                                                                                
        (s) the retention of rank on retirement or resignation from the Agency  
        or the Service and the award of honorary ranks;                         
                                                                                
        (t) the control over and administration of funds appropriated for the   
        Agency or the Service in order to bring about the systematic and        
        orderly management thereof and to promote efficiency and economy in     
        the utilisation thereof;                                                
                                                                                
        (u) the regulation of labour relations and the creation of              
        accompanying structures;                                                
                                                                                
        (v) the conditions for and procedures regarding the permission of       
        access to any premises under the control of the Agency or the Service   
        and matters relating thereto;                                           
                                                                                
        (w) a code of conduct to be adhered to by members;                      
                                                                                
              (x) the establishment of procedures regarding the presentation,   
              consideration and adjudication of grievances of members;          
                                                                                
        (y) any matter which in terms of this Act shall or may be prescribed;   
                                                                                
        (z) generally, all matters which are necessary or expedient to          
        prescribe in order that the purposes of this Act may be achieved.       
                                                                                
  (2) Different regulations may be made with reference to different categories  
 of members.                                                                    
                                                                                
  (3) A regulation relating to conditions of service of members may be applied  
 also to persons who were members but who had ceased to be members not more     
 than two years previously, calculated from the date on which the regulation    
 concerned is so applied:  Provided that such a regulation shall not apply in   
 respect of a particular person if it would be to his or her detriment.         
                                                                                
  (4) Regulations under subsection (1) (c) may provide for benefits in respect  
 of medical, dental and hospital treatment of members who have retired on       
 pension and their families and of the families of members who have died on the 
 same basis on which provision therefor is made for members and their families. 
                                                                                
  (5) A regulation made in terms of this section with reference to members need 
 not be published in the Gazette but shall be notified to members to whom it    
 applies in such manner as the Deputy President or the Minister may determine.  
                                                                                
              Discoveries, inventions and improvements by members               
                                                                                
  30.  (1) The rights in respect of all discoveries and inventions and all      
 improvements in respect of processes, apparatus and machinery made by a member 
 resulting from research undertaken by such member in the course of his or her  
 employment as a member, shall vest in the Agency or the Service, as the case   
 may be.                                                                        
                                                                                
  (2) The Deputy President or the Minister may make the discoveries, inven-     
 tions and improvements referred to in subsection (1) available for use in the  
 public interest subject to such conditions and the payment of such fees or     
 royalties as the Deputy President or the Minister may determine.               
                                                                                
  (3) If the rights in any discovery, invention or improvement vest in the      
 Agency or the Service in terms of subsection (1), the Deputy President or the  
 Minister may award to the person responsible for the discovery, invention or   
 improvement such bonus as he or she deems fit, or make provision for           
 financial participation by such person in the profits derived from the         
 discovery, invention or improvement to such extent as the Deputy President or  
 the Minister may determine with the concurrence of the Minister of Finance.    
                                                                                
  (4) The Deputy President or the Minister may apply for a patent in the name   
 of the Agency or the Service, as the case my be, in respect of any discovery,  
 invention or improvement referred to in subsection (1), and the Agency or the  
 Service, as the case may be, shall for the purposes of the Patents Act, 1978   
 (Act No.  57 of 1978), be regarded as the assignee of the discoverer or        
 inventor concerned.                                                            
                                                                                
                                 Advisory Board                                 
                                                                                
  31.  The President shall for such period as he may determine appoint the      
 heads of the organisational components contemplated in section 3 to form an    
 advisory board, on such conditions and remuneration (if any) prescribed by him 
 or her, to advise him or her on the exercise of his or her powers under        
 section 3 and matters relating thereto, and to advise the Director-General     
 concerned on the exercise of his or her powers under section 4 and matters     
 relating thereto.                                                              
                                                                                
                          Repeal of laws, and savings                           
                                                                                
  32.  (1) Subject to the provisions of subsection (2) the laws mentioned in    
 the Schedule are hereby repealed or amended to the extent indicated in the     
 third column thereof.                                                          
                                                                                
  (2) Subject to section 3(2)(f) anything done under any provision of a law     
 repealed in terms of subsection (1) and which could have been done under a     
 provision of this Act, shall be deemed to have been done under the latter      
 provision.                                                                     
                                                                                
  (3) All assets, liabilities, rights and duties including funds, resources and 
 administrative records of a Service, Department or government establishment    
 which ceases to exist by virtue of subsection (1) shall vest in the Agency or  
 the Service, as the case may be, and shall be deemed to have been acquired or  
 incurred by the Agency or the Service, as the case may be, under the           
 provisions of this Act.                                                        
                                                                                
  (4) A registrar of deeds shall, upon the production to him or her of a        
 certificate by the Deputy President or the Minister that immovable property    
 described in the certificate vests in the Agency or the Service in terms of    
 subsection (3), make such entries and endorsements as he and she may deem      
 necessary in or on any relevant register, title deed or other document in his  
 or her office, so as to give effect to subsection (3).                         
                                                                                
  (5) No duty, office fee or other charge shall be payable in respect of any    
 entry or endorsement in terms of subsection (4).                               
                                                                                
  (6) If an enquiry into alleged improper conduct instituted in terms of a law  
 repealed by subsection (1), has not been concluded at the commencement of this 
 Act, such proceedings shall be continued and concluded in accordance with the  
 provisions of the relevant law in terms of which the enquiry has been          
 instituted, as if such law had not been repealed.                              
                                                                                
  (7) Notwithstanding the provisions of subsection (1) disciplinary proceedings 
 may be instituted and concluded in terms of this Act against any person who at 
 any time prior to the commencement of this Act is alleged to have committed an 
 act which may have constituted improper conduct in terms of a law repealed by  
 subsection (1) or any regulation or rule made thereunder:  Provided that no    
 proceedings shall be so instituted unless the act concerned is substantially   
 the same as an act constituting improper conduct in terms of this Act.         
                                                                                
                          Short title and commencement                          
                                                                                
  33.  This Act shall be called the Intelligence Services Act, 1994, and shall  
 come into operation on a date fixed by the President by proclamation in the    
 Gazette.                                                                       
                                                                                
  PLEASE NOTE!  DETAILS SET OUT AS FOLLOWS;                                     
                                                                                
  1. No.  and year of law.                                                      
                                                                                
  2. Short title.                                                               
                                                                                
  3. Extent of repeal or amendment.                                             
                                                                                
                                                                                
                                    SCHEDULE                                    
                                                                                
  Laws repealed or amended (Section 32)                                         
                                                                                
  1. No.  and year of law Act No.  81 of 1969 (Republic of South Africa)        
                                                                                
  2. Short title Security Services Special Account Act, 1969                    
                                                                                
  3. Extent of repeal or amendment                                              
                                                                                
                                                                                
  1. The substitution for section 2 of the following section:                   
                                                                                
                                                                                
                             "Payments from account                             
                                                                                
  2. The moneys in the account shall be utilised for the defraying of expenses  
 in connection with-                                                            
                                                                                
        (a) the performance of the function and the duty of the National        
        Intelligence **Service**[[ Agency and the South African Secret          
        Service]] as referred to in **section 2 of** the **Security             
        Intelligence and State Security Council Act, 1972(Act No.  64 of        
        1972)** [[National Strategic Intelligence Act, 1994]]; and              
                                                                                
        (b) the organisation of, the exercising of the powers and the           
        performance of the duties and functions of any member of, the           
        exercising of the powers of the [[President or the]] responsible        
        [[Executive Deputy President or]] Minister in relation to the           
        superintendence and control of, and the action by and functioning of,   
        the **National Intelligence Service as referred to in the Bureau for    
        State Security Act, 1978 (Act No.  104 of 1978)** [[Agency and the      
        Service as defined in section I of the Intelligence Services Act,       
        1994]], and matters in connection therewith which the said              
        [[President, Executive Deputy President or]] Minister, [[as the case    
        may be]], may from time to time approve as being in the national        
        interest, and shall be paid out subject to the directions of the said   
        President, Executive Deputy President or Minister, as the case may      
        be.".                                                                   
                                                                                
  2. The amendment of section 3 by the insertion after the word "Intelligence"  
 of the words "Agency and the Director-General:  South African Secret".         
                                                                                
  3. The substitution for section 5 of the following section:  "Investment of   
 balances                                                                       
                                                                                
  5. Moneys standing to the credit of the account which are not required for    
 immediate use or as a reasonable working balance, may be invested in such      
 manner as may be determined by the [[President, Executive Deputy President]]   
 or Minister responsible for the National Intelligence [[Agency or the South    
 African Secret]] Service **in consultation** with [[the concurrence of]] the   
 Minister **for State Expenditure** [[of Finance]].".                           
                                                                                
                                                                                
  1. No.  and year of law Act No.  57 of 1973 (Republic of South Africa)        
                                                                                
  2. Short title Government Service Pension Act, 1973                           
                                                                                
  3. Extent of repeal or amendment                                              
                                                                                
  1. The amendment of section 1-                                                
                                                                                
        (a) by the insertion after the definition of "Administrator" of the     
        following definition:  [[" 'Agency' means the Agency as defined in      
        section 1 of the Intelligence Services Act, 1994;]]";                   
                                                                                
        (b) by the deletion of the definition of "Bureau";                      
                                                                                
        (c) by the substitution for the definition of "police force" of the     
        following definition:  " 'police force' means the Force referred to in  
        section 2 of the Police Act, 1958 (Act No.  7 of 1958), with the        
        exception of members of the Police Reserve of Officers or the Reserve   
        Police Force and special constables, and includes persons employed in   
        the **Bureau** [[Agency or the Service]];"; and                         
                                                                                
        (d) by the insertion after the definition of "revenue" of the           
        following definition:  [[" 'Service' means the Service as defined in    
        section 1 of the Intelligence Services Act, 1994]];".                   
                                                                                
  2. The amendment of section 6 by the substitution in subsection (6) in the    
 words preceding paragraph (a) and in paragraph (a), for the word "Bureau" of   
 the words "Agency or the Service".                                             
                                                                                
  3. The amendment of section 17 by the substitution for subsection (6) of the  
 following subsection:                                                          
                                                                                
  "(6) The regulations contemplated in this section shall be made by the        
 Minister with the concurrence of the Minister of Finance and after             
 consultation with the **Administrators** [[Premiers]] and the [[President,     
 Executive Deputy President or]] Minister, responsible for the **Bureau**       
 [[Agency or the Service, the Public Service]] Commission **for                 
 Administration**, the **permanent force, the police force** [[National Defence 
 Force, the South African Police Service]], the prisons service, National       
 Education and Posts and Telecommunications.".                                  
                                                                                
                                                                                
                                                                                
  1. No.  year of law Act No.  56 of 1978 (Republic of South Africa)            
                                                                                
  2. Short title Secret Services Act, 1978                                      
                                                                                
  3. Extent ot repeal of amendment 1. The amendment of section 1-               
                                                                                
        (a) by the substitution for the definition of "responsible Minister"    
        of the following definition:  "'responsible Executive Deputy            
        President or Minister', in relation to any matter referred to in this   
        Act, means the Executive Deputy President or Minister responsible       
        for the department of State under which that matter falls;"; and (b)    
        by the substitution in the definition of "secret service" for the       
        words "responsible Minister" of the words "President or the             
        responsible Executive Deputy President or Minister".                    
                                                                                
  2. The amendment of section 2 by the substitution in subsection (2)(a) for    
 the words "responsible Minister" of the words "President or the responsible    
 Executive Deputy President or Minister".                                       
                                                                                
  3. The amendment of section 3A by the substitution in subsection (8)(a) for   
 the words "a responsible Minister" of the words "the President or the          
 responsible Executive Deputy President or Minister".                           
                                                                                
  4. The amendment of section 3B by the substitution in subsection (1) for the  
 words "responsible Minister" of the words "President or the responsible        
 Executive Deputy President or Minister".                                       
                                                                                
                                                                                
  1. No.  and year of law Act No.  104 of 1978 (Republic of South Africa) Act   
 No.  84 of 1982 (Republic of South Africa)                                     
                                                                                
  2. Short title Bureau for State Security Act, 1982                            
                                                                                
  3. Extent of repeal or amendment Protection of Information Act, 1982          
                                                                                
  The repeal of the whole.                                                      
                                                                                
  The amendment of section I by the substitution for the definition of          
 "security matter" of the following definition:                                 
                                                                                
  "'security matter' includes any matter which is dealt with by the **National  
 Intelligence Service** [[Agency or the Service as defined in section 1 of the  
 Intelligence Services Act, 1994,]] or which relates to the functions of that   
 [[Agency]] or Service or to the relationship existing between any person and   
                                                                                
                                                                                
  1. No and year of law Act No.  127 of 1992 (Republic of South Africa)         
                                                                                
  2. Short title Intercepting and Monitoring Prohibition Act, 1992              
                                                                                
  3. Extent of repeal of amendment                                              
                                                                                
  1. The amendment of section 1-                                                
                                                                                
        (a) by the insertion before the definition of "division" of the         
        following definition:[[" 'Agency' means the Agency as defined in        
        section 1 of the Intelligence Services Act, 1994]];"; and               
                                                                                
        (b) by the insertion after the definition of "serious offence" of the   
        following definition:  [[ Service' means the Service as defined in      
        section 1 of the Intelligence Services Act, 1994]];".                   
                                                                                
  2. The amendment of section 3 by the substitution for paragraph (c) of        
 subsection (2) of the following paragraph:                                     
                                                                                
        "(c) for the purposes of subsection (1)(b)(ii) or subsection (4), be    
        made by a member as defined in section 1 of the **Bureau for State      
        Security Act, 1978 (Act No.  104 of 1978)** [[Intelligence Services     
        Act, 1994,]] provided the member concerned obtained in advance the      
        approval of another member of the **National Intelligence Service**     
        [[Agency or the Service, as the case may be,]] holding a post of at     
        least chief director.".                                                 
                                                                                
  3. The amendment of section 4-                                                
                                                                                
        (a) by the substitution in subsection (1) for the words "National       
        Intelligence" of the words "Agency or the"; and                         
                                                                                
        (b) by the substitution in subsection (2)(b)(ii) for the words          
        "National Intelligence" of the words "Agency or the".                   
                                                                                
  4. The amendment of section 5 by the substitution in subsection (2) for the   
 words "Chief of the National Intelligence" of the words "Director-General of   
 the Agency or the".                                                            
                                                                                
                                                                                
  1. No.  year of law Proclamation No.  103 of 1994                             
                                                                                
  2. Short title Public Service Act, 1994                                       
                                                                                
  3. Extent of repeal or amendment.                                             
                                                                                
  1. The amendment of section 1-                                                
                                                                                
        (a) by the insertion in subsection (1) before the definition of         
        "agreement" of the following definition:  [[" 'Agency' means the        
        Agency as defined in section I of the Intelligence Services Act,        
        1994]];";                                                               
                                                                                
        (b) by the insertion in subsection (1) after the definition of "scale"  
        of the following definition:  [[" 'Service' means the Service as        
        defined in section I of the Intelligence Services Act, 1994]];"; and    
                                                                                
        (c) by the deletion in subsection (1) of the definition of "the         
        National Intelligence Services".                                        
                                                                                
  2. The amendment of the Act by the substiution for the words "National        
 Intelligence Serices", wherever they occur, of the words "Agency or the        
 Service".                                                                      
                                                                                
  3. The amendment of Schedule I-                                               
                                                                                
        (a) by the deletion in Columns I and II of the words "Department of     
        National Intelligence Services/Director-General:  National              
        Intelligence Services"; and                                             
                                                                                
        (b) by the insertion in Columns I and 11 after the words "National      
        Defence Force/Chief of the National Defence Force" of the words         
        "National Intelligence Agency/ Director-General:  National              
        Intelligence Agency" and "South African Secret                          
        Service/Director-General:  South African Secret Service".               
                                                                                
                                                                                
                                                                                
  1. No.  and year of law Act No.  27 of 1981 (Republic of Bophuthatswana       
                                                                                
  2. Short title National Security Council Act, 1981                            
                                                                                
  3. Extent of repeal or amendment The repeal of the whole.                     
                                                                                
                                                                                
                                                                                
  1. No.  and year of law Act No.  25 of 1982 (Republic of Bophuthatswana)      
                                                                                
  2. Short title Bophuthatswana Internal Intelligence Service Act, 1982         
                                                                                
  3. Extent of repeal or amendment The repeal of the whole.                     
                                                                                
                                                                                
                                                                                
  1. No.  and year of law Act o. 7 o 7 Republic of Transkei)                    
                                                                                
  2. Short title Intelligence Service and State Security Council Act, 1987      
                                                                                
  3. Extent of repeal or amendment The repeal of the whole.                     
                                                                                
                                                                                
                                                                                
  1. No.  and year of law Act No.  31 of 1988 (Republic of Venda)               
                                                                                
  2. Short title National Intelligence Service Act, 1988                        
                                                                                
  3. Extent of repeal of amendment The repeal of the whole.                     
                                                                                
                                                                                
                                                                                
  1. No.  and year of law Act No.  1 of 1991 (Republic of Ciskei)               
                                                                                
  2. Short title Ciskei Intelligence Service Decree, 1991                       
                                                                                
  3. Extent of repeal or amendment The repeal of the whole.