SOUTH AFRICAN INTELLIGENCE


NATIONAL STRATEGIC INTELLIGENCE ACT
1994
[Act 94-39, 02 December 1994]

                            OFFICE OF THE PRESIDENT

    No. 2080                                                    2 December 1994

NO. 39 OF 1994: NATIONAL STRATEGIC INTELLIGENCE ACT, 1994.

 It is hereby notified that the President has assented to the following Act,
 which is hereby published for general information:

                                      ACT

 To define the functions of members of the National Intelligence Structures;
 to stablish a National Intelligence Co-ordinating Committee and to define its
 functions in respect of intelligence relating to the security of the
 Republic; and to provide for the appointment of a Co-ordinator for
 Intelligence as chairperson of National Intelligence Co-ordinating Committee,
 and to define his or her functions; and to provide for matters connected
 therewith.

                    (English text signed by the President.)
                        (Assented to 23 November 1994.)

 BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-

                                  Definitions

  1. In this Act, unless the context otherwise indicates-

      (i) "Agency" means the National Intelligence Agency established by
      section 3 of the Intelligence Services Act, 1994; (i)

      (ii) "Cabinet" means the Cabinet of the Republic of South Africa
      referred to in section 88 of the Constitution; (xiii)

      (iii) "Constitution" means the Constitution of the Republic of South
      Africa, 1993 (Act No.  200 of 1993); (x)

      (iv) "Co-ordinator for Intelligence" means the person appointed under
      section 5; (xii)

      (v) "counter-intelligence" means measures and activities conducted,
      instituted or taken to impede and to neutralise the effectiveness of
      foreign or hostile intelligence operations, to protect classified
      intelligence and to counter subversion, sabotage and terrorism aimed at,
      or against personnel, strategic installations or resources of the
      Republic; (xxii)

      (vi) "covert collection" means the acquisition of information which
      cannot be obtained by overt means and for which complete and continuous
      secrecy is a requirement; (ii)

      (vii) "crime intelligence" means intelligence used in the prevention of
      crime or to conduct criminal investigations and to prepare evidence for
      the purpose of law enforcement and the prosecution of offenders; (xiv)

      (viii) "departmental intelligence" means intelligence about any threat
      or potential threat to the national security and stability of the
      Republic which falls within the functions of a department of State, and
      includes intelligence needed by such department in order to neutralise
      such a threat; (vii)

      (ix) "domestic intelligence" means intelligence on any internal
      activity, factor or development which is detrimental to the national
      stability of the Republic, as well as threats or potential threats to
      the constitutional order of the Republic and the safety and the
      well-being of its people; (iii)

      (x) "domestic military intelligence" means intelligence required for the
      planning and conduct of military operations within the Republic to
      ensure security and stability for its people; (iv)

      (xi) "evaluate" means the process of determining and assessing whether
      or not information is possibly correct, probably correct or factually
      correct; (ix)

      (xii) "foreign intelligence" means intelligence on any external threat
      or potential threat to the national interests of the Republic and its
      people, and intelligence regarding opportunities relevant to the
      protection and promotion of such national interests irrespective of
      whether or not it can be used in the formulation of the foreign policy
      of the Republic; (v)

      (xiii) "foreign military intelligence" means intelligence regarding the
      war potential and military establishment of foreign countries (including
      their capabilities, intentions, strategies and tactics) which can be
      used by the Republic in the planning of its military forces in time of
      peace and for the conduct of military operations in time of war; (vi)

      (xiv) "national intelligence estimate" means the product of the process
      of considering and weighing the possibilities, probabilities and facts
      disclosed by national security intelligence with regard to any
      situation, and of drawing conclusions from such possibilities,
      probabilities and facts; (xvi)

      (xv) "National Intelligence Structures" means-

        (a) Nicoc;

        (b) the Intelligence Division of the National Defence Force, estab-
        lished under the Defence Act, 1957 (Act No.  44 of 1957);

        (c) the National Investigation Service of the South African Police
        Service;

        (d) the Agency; and

        (e) the Service; (xv)

      (xvi) "national security intelligence" means intelligence which relates
      to or may be relevant to the assessment of any threat or potential
      threat to the security of the Republic in any field; (xviii)

      (xvii) "national strategic intelligence" means comprehensive, integrated
      and estimative intelligence on all the current and long term aspects of
      national security which are of special concern to strategic decision-
      making and the formulation and implementation of policy and strategy at
      national level; (xvii)

      (xviii) "Nicoc" means the National Intelligence Co-ordinating Committee
      established by section 4; (xix)

      (xix) "regulation" means a regulation made under this Act; (xx)

      (xx) "Service" means the South African Secret Service established by
      section 3 of the Intelligence Services Act, 1994; (viii)

      (xxi) "South African Police Service" means the service referred to in
      section 214 of the Constitution; (xxi)

      (xxii) "this Act" includes the regulations.  (xi)

                      Functions relating to intelligence

    2. (1) The functions of the Agency shall, subject to section 3, be-

             (a) to gather, correlate, evaluate and analyse domestic
                 intelligence, in order to-

            (i)  identify  any  threat  or  potential   threat   to   the
                 security of the Republic or its people;

            (ii)  supply intelligence regarding any such threat to Nicoc;

        (b) to fulfil the national counter-intelligence responsibilities and
        for this purpose to conduct and co-ordinate counter-intelligence and
        to gather, correlate, evaluate, analyse and interpret information
        regarding counter-intelligence in order to-

            (i)  identify any threat or potential threat to the security
                 of the Republic or its people;

            (ii)  inform the President of any such threat;

            (iii)  supply  (where  necessary)  intelligence  relating  to  any
                   such  threat   to the South African Police Service for the 
                   purposes of investigating any offence or alleged offence; and

 (c) to gather departmental intelligence at the request of any interested
 department of State, and, without delay to evaluate and transmit such
 intelligence and any other intelligence at the disposal of the Agency and
 which constitutes departmental intelligence, to the department concerned.

    (2) It shall, subject to section 3, be the functions of the Service-

        (a) to gather, correlate, evaluate and analyse foreign intelligence,
        excluding foreign military intelligence, in order to-

           (i) identify any threat or potential threat to the security of the
           Republic or its people;

           (ii) supply intelligence relating to national strategic
           intelligence to Nicoc;

        (b) to institute counter-intelligence measures within the Service; and

        (c) to gather departmental intelligence at the request of any
        interested department of State, and, without delay to evaluate and
        transmit such intelligence and any other intelligence at the disposal
        of the Service and which constitutes departmental intelligence, to the
        department concerned.

    (3) It shall be the function of the South African Police Service, subject
    to section 3-

        (a) to gather, correlate, evaluate and use crime intelligence in
        support of the functions of the South African Police Service as
        contemplated in section 215 of the Constitution; and

        (b) to institute counter-intelligence measures within the South
        African Police Service, in order to supply crime intelligence relating
        to national strategic intelligence to Nicoc.

    (4) The National Defence Force shall, subject to section 3-

        (a) gather, correlate, evaluate and use foreign military intelligence,
        and supply foreign military intelligence relating to national
        strategic intelligence to Nicoc, but the National Defence Force
        shall not gather intelligence of a non-military nature in a covert
        manner;

        (b) gather, correlate, evaluate and use domestic military intelligence
        excluding covert collection, except when employed for service referred
        to in section 227(1)(e) of the Constitution and under conditions set
        out in section 3(2) of this Act, and supply such intelligence to
        Nicoc; and

        (c) institute counter-intelligence measures within the National
        Defence Force.

                    Functions of other departments of State
               with reference to national security intelligence

 3. (1) If any law expressly or by implication requires any department of
 State, other than the Agency or the Service, to perform any function with
 regard to the security of the Republic or the combating of any threat to the
 security of the Republic, such law shall be deemed to empower such department
 to gather departmental intelligence, and to evaluate, correlate and interpret
 such intelligence for the purpose of discharging such function:  Provided
 that such department of State-

        (a) other than the National Defence Force when employed for service
        referred to in section 227(1)(a), (b) or (e) of the Constitution or
        when discharging the counter-intelligence responsibilities entrusted
        to its Intelligence Division; and

        (b) other than a police service established under any Act of
        Parliament, when a member of such service is investigating any offence
        relating to the security of the Republic or is performing any other
        function relating to the security of the Republic, shall not gather
        departmental intelligence within the Republic in a covert manner:
        Provided further that such department of State-

           (i) other than the National Defence Force through its Intelligence
           Division;

           (ii) other than a police service established under any Act of
           Parliament, when a member of such a service is, with the knowledge
           and approval of Nicoc, investigating an offence relating to the
           security of the Republic or is performing any other function
           relating to the security of the Republic;

           (iii) other than the Agency, when a member of the Agency is
           performing its counter-intelligence responsibility contemplated in
           section 2(1)(b), with the knowledge and approval of the Service,
           shall not gather departmental intelligence outside the Republic in
           a covert manner.

    (2) Notwithstanding subsection (1), the National Defence Force through its
    Intelligence Division may, whenever the President on the advice of the
    Minister of Defence is of the opinion that conditions are such that the
    said Force has to prepare itself for possible employment for service
    referred to in section 227(1) (e) of the Constitution and upon having been
    authorised by the Co-ordinator for Intelligence acting with the
    concurrence of Nicoc and the Cabinet, gather domestic military
    intelligence in a covert manner within the geographical area and the
    time-scales specified in such authorisation.

    (3) It shall be the duty of any department of State that comes into
    possession of national security intelligence or information which may be
    of value in the preparation of the national intelligence estimate referred
    to in section 4(2)(c) to transmit such intelligence and information
    without delay to the relevant service forming part of the National
    Intelligence Structures, with an indication of the reliability of the
    source of such information.

    (4) Subsection (3) shall not be construed as affecting the continued
    existence and functioning or the establishment of any intelligence service
    by any department of State for the purpose of performing its
    departmental intelligence functions under this Act.

        Establishment of National Intelligence Co-ordinating Committee

 4. (1) There is hereby established a National Intelligence Co-ordinating
 Committee, which shall consist of-

           (a) the Co-ordinator for Intelligence appointed under section 5;

           (b) the Director-General of the Agency;

           (c) the chief of the Intelligence Division of the National Defence
           Force;

           (d) the head of the National Investigation Service of the South
           African Police Service;

           (e) the Director-General of the Service, or their alternates, and
           such members of departments of State who are co-opted by Nicoc on a
           permanent or an ad hoc basis.

    (2) It shall be the function of Nicoc-

           (a) to co-ordinate the intelligence supplied by the members of the
           National Intelligence Structures to Nicoc and interpret national
           strategic intelligence for use by the State and the Cabinet for
           the purposes of-

              (i) the detection and identification of any threat or potential
              threat to the national security of the Republic;

              (ii) the protection and promotion of the national interests of
              the Republic;

              (iii) advising the Cabinet;

           (b) for the purposes of the functions contemplated in paragraph (a)
           to-

              (i) co-ordinate and prioritise intelligence activities within
              the National Intelligence Structures;

              (ii) advise the Cabinet on the intelligence policy and functions
              within the National Intelligence Structures;

           (c) to prepare and interpret a national intelligence estimate for
           purposes referred to in paragraph (a) for consideration by the
           Cabinet;

           (d) to produce and disseminate current intelligence which may have
           an influence on any state policy with regard to matters referred to
           in paragraph (a);

           (e) to formulate for approval by the Cabinet, a policy relating to
           national strategic intelligence and, after consultation with the
           departments of State entrusted with the maintenance of the security
           of the Republic, to co-ordinate the flow of national security
           intelligence between such departments; and to make recommendations
           to the Cabinet on intelligence priorities.

    (3) The Agency shall provide the logistical, technical and administrative
    support of Nicoc.

                         Co-ordinator for Intelligence

 5. (1) The President shall appoint a person as Co-ordinator for Intelligence,
 who shall be the chairperson of Nicoc.

    (2) The Co-ordinator for Intelligence shall-

           (a) be responsible for the functions of Nicoc referred to in
           section 4;

           (b) liaise with and inform and advise the Cabinet of the activities
           of Nicoc on matters pertaining to national strategic intelligence;

           (c) establish after consultation with the President such structures
           and committees as are necessary for the administration and timeous
           and efficient utilisation of national, regional and local
           intelligence;

           (d) be accountable to the President;

           (e) provide national strategic intelligence to the President; and
           on request of any department of State, task the Agency to
           co-ordinate the gathering of departmental intelligence and without
           delay to evaluate and transmit such intelligence and any other
           intelligence at the disposal of the National Intelligence
           Structures and which constitutes departmental intelligence to the
           department concerned.

                                  Regulations

 6. The President may make regulations as to any matter which is necessary or
 expedient to be prescribed in order that the purpose of this Act may be
 achieved.
                                Repeal of laws

 7. The Security Intelligence and State Security Council Act, 1972 (Act No.
 64 of 1972), is hereby repealed.

                         Short title and commencement

 8. This Act shall be called the National Strategic Intelligence Act, 1994,
 and shall come into operation on a date fixed by the President by
 proclamation in the Gazette.