ACT NO. 11 OF 1998
NATIONAL SECURITY SERVICE ACT 1998
ARRANGEMENT OF SECTIONSPART 1- PRELIMINARY
Section1.
2.

Short title
Interpretation
PART IICONTINUATION, COMPOSITION AND ORGANISATION OFSERVICE

3.
4.
5.
6.
7.
8.
9.
10.
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12.
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19.

Continuation of the Service
Composition of the Service
Functions of the Service
Appointment of Director General
Functions of Director General
Structure of the Service
The Staff Board
Appointment, promotion, demotion, transfer and discharge of members
Security screening and discharge of members
Discharge of members and ancilliary staff for absence without leave or valid excuse
Discharge of members for ill health
Discharge or demotion of members for inefficiency
Appointment of ancilliary staff
Discharge of ancilliary staff for inefficiency or ill-health
Retirement of members and ancilliary staff
Pensions of members and ancilliary staff
Delegation of powers
PART III- DISCIPLINE

20.
21.
22.

Non-indemnity for misconduct
Procedure in case of alleged misconduct of members
Suspension of members
PART IV - CONDUCT

23.
24.
25.

Members to be at disposal of state
Reward for extraordinary diligence or devotion
Participation in politics
PART VWARRANTS, ARRESTS, INTERCEPTION, MONITORING AND SEARCH
26.
27.
28.

Warrants
Interception, monitoring and search
Arrests

PART VI- FINANCIAL PROVISIONS
29.
30.
31.
32.
33.
34.

Establishment of the National Security Service Special Fund
Administration of the Fund
Accounts and records of the Fund
Annual reports of the Fund
Other expenses including salaries of the Service
Accounts and records of the Service
PART VII- GENERAL

35.
36.
37.
38.
39.
40.
41.
42.

Access to premises of the Service
Cooperation between the Service and the Forces
Secrecy
Oath of office
Offences and Penalties
Extra-territorial application of the Act and jurisdiction
Regulations
RepealNATIONAL SECURITY SERVICE ACT 11 OF 1998

An Act to regulate the continuation, organisation and control of the National Security Service
and to provide for incidental matters.
Enacted by the Parliament of Lesotho
PART IPRELIMINARY

Short title
1.

This Act may be cited as the National Security Act 1997.

Interpretation
2.

In this act-

“Director General” means the Director General of the Service appointed
under Section 6;"member” means a member of the Service;“Minister” means the Prime Minister or a Minister designated by him;
“misconduct” means(a)the commission of an offence; or(b)a contravention of or a failure to comply with a provision ofthis Act;—“Prescribed” means prescribed by regulations;“regulation” means a regulation made under this Act;“Service” means the National Security Service;“this Act” includes regulations.

PART IICONTINUATION, COMPOSITION AND ORGANISATION OF SERVICE
Continuation of the Service
3.

There shall continue to be the National Security Service.

Composition of the Service
4.

The Service shall consist of(a)the Director General and persons who on the coming into operationof this Act are members of the Service and ancillary staff employedin the Service;-(b)such members as may be appointed by the Minister acting inaccordance with the advice of the Director General; and(c)such ancillary staff as may be appointed by the Director General
acting on the recommendations of the Staff Board.

Functions of the Service

5(1) The function of the Service shall be the protection of the national security.
(2)

Without prejudice to the generality of subsection (1) the Service shall-(a) protect the state against threats of espionage, terrorism or sabotage which
may infringe on national security;(b) protect the state from activities of agents of foreign powers and fromactions of persons intended to overthrow or undermine democracy bypolitical, industrial or violent means;

Appointment of Director General
6. The Prime Minister shall appoint the Director General of the Service whose office shall be
an office in the Public Service.
Functions of Director General
7(1) The Director General shall, subject to the directions of the Prime Minster and a provisionof this Act, exercise command, superintendence and control of the Service(2) The Director General may, subject to the directions of the Prime Minister and a provisionof this Act, make such rules and issue such directions as he may deem expedient for theefficient command, superintendence and control of the Service.

(3)The Director General shall, as far as is reasonably practicable, take steps to ensure that(a)national security intelligence, intelligence collection
methods, sources information and identity of members areprotected from unauthorised disclosure(b)

no action is carried out that could give rise to any
reasonable suspicion that Service is concerned infurthering, protecting or undermining the interests ofsection of the population or any political party ororganisation; and(c)the functions of the Service are limited to what is necessary
for the purposes of discharge of its functions.

Structure of the Service
8. (1) The organisational structure of the Service shall be as specified in Schedule I.
(2). The Minister may in consultation with the Director General, amend the Schedule bynotice in the Gazette.
The Staff Board
9(1) There is established a board to be known as the Staff Board whose functions shall be toadvise and make recommendations to the Director General on appointments,
confirmation, promotions and demotions of members.
(2) The Staff Board shall consist of (a) Deputy Director General Administration and Operations;(b) Director Administration and Operations; and(c) three Regional Security Officers.
Appointment, promotion, demotion, transfer and discharge of members

10. (1) The Minister may, acting in accordance with the advice of the Director General,
appoint any person as a member or promote, demote, transfer or discharge a member inaccordance with this Act.
(2) In his advise to the Minister concerning appointments, confirmations, promotions anddemotions of members, the Director General shall consider the recommendations madeby the Staff Board.
(3)A document, in a prescribed form purporting to have been signed by the Director
General and certifying that a person has been appointed as a member shall be prima
fade proof that such a person has been so appointed.
(4)A member of the Service shall be issued with an identity document of such a design as
may be prescribed by the Minister.

Security screening and discharge of members
11. (1) No person shall be appointed as a member unless(a) the Director General gathers information about the person in the prescribedmanner in a security screening investigation by the Service; and(b) after evaluating the gathered information, he is reasonably of the opinion
that the person, is not a security risk and no such possibility exists,
or may not act in any way prejudicial to security interests of thestate.

(2)If the Director General is reasonably of the opinion that the person, is not a security
risk and there is no possibility that the person is a security risk, or may act in any
way prejudicial to security interests of the state he shall issue a certificate that theperson has successfully undergone a security clearance but he shall withdraw thecertificate if after issuing it he obtains information which causes him to be of theopinion that the person is a security risk or the possibility exists.

(3)

If the Director General obtains information that there is a possibility that a person
who is a member is a security risk or that he may act in a way prejudicial tosecurity interests of the state he shall discharge the member from the Service if
after an enquiry, in the prescribed manner, as to whether the possibility exists the
Director General is of the opinion that the possibility does exist.
(4) A member who has been discharged from the Service under Subsection (3) may, inwriting and within 14 days from the date of his discharge, appeal to the Minister who
may set aside or confirm the discharge.
12(1) A member or ancilliary staff who absents himself from his official duties without thepermission of the Director General or a valid excuse for more than fourteen days, shallbe deemed to have been discharged and dismissed from the Service with effect from thedate immediately following his last day at work.
(2) If a member or ancilliary staff absents himself from his official duties without thepermission of the Director General and accepts employment elsewhere he shall bedeemed to have been so discharged even if he has been absent for less than fourteendays.

(3) If a member or ancilliary staff deemed to have been discharged under subsection (1) or(2) reports for duty the Director General may, notwithstanding this Act or other law but
subject to the approval of the Minister, reinstate him in his former post or appoint him toany other post in the Service on such conditions as the Director General may deem fit
and the period of his absence shall be deemed to have been absence on vacation leave
without pay or leave or on such other conditions as the Director General may determine.

Discharge of members for ill health13(1) A member may be discharged from the Service by the Director General if, after an
enquiry, in the prescribed manner, as to his state of health, the Director General is of
the opinion that he is by reason of ill-health unfit to remain in the Service.
(2)

A member discharged in terms of subsection (1) may in the prescribed manner
appeal to the Minister who may set aside or confirm the discharge.

Discharge or demotion of members for inefficiency

14(1) A member may be discharged from the Service by the Director General if after an
enquiry, in the prescribed manner, as to his fitness to remain in employment or retain
his grade the Director General is of the opinion that the member is incapable ofperforming his duties efficiently.
(2)A member who has been discharged or demoted under subsection (1) may, in theprescribed manner, appeal to the Minister who may set aside or confirm the discharge
or demotion.
Appointment of ancilliary staff
15. The Director General may appoint any person as ancilliary staff of the Service.
Discharge of ancilliary staff for inefficiency or ill-health

16. The Director General may discharge ancilliary staff of the Service if after an enquiry in
the prescribed manner, as to his fitness to remain in employment or state of health, theDirector General is of the opinion that the person is incapable of performing his duties
efficiently.
Retirement of members and ancilliary staff
17(1) A member or ancilliary staff shall retire from the Service on attaining the age of 55
years.
(2)Notwithstanding Subsection (1) -(a)the Minister may, on the recommendation of the Director General, withconsent of a member or ancilliary staff who has attained the age of 55
years, extend the date of retirement beyond the age of 55 years; and(b)a member or ancilliary staff shall have a right to retire at any time on orafter attaining the age of 45 on giving 6 months notice, in writing, to the
Minister of his intention to do so and he shall be retired accordingly.

Pensions of members and ancilliary staff
18.

The Pensions Proclamation 1964 shall apply to the grant of pensions, gratuities andother allowances to members and ancilliary staff of the Service.

Delegation of powers
19.

The Minister may, on such conditions as he may deem fit, delegate, to the Director
General, any power conferred on him by this Act except the power conferred on him bysection 41 and that power shall be deemed to have been exercised by the Minister.

PART IIIDISCIPLINE
Non-indemnity for misconduct20.

Nothing in this Act shall be construed as indemnifying a member against prosecution
in or conviction by any court of law in respect of an offence.

Procedure in case of alleged misconduct of members
21(1) The Director General may, in the prescribed manner, charge a member with misconduct
and request him to submit, within such period and in such manner as he may prescribe,a written admission or denial of the charge and a written explanation he or she may
wish to offer in connection with the alleged misconduct.
(2)After the expiration of the prescribed period the Director General may appoint a boardof enquiry to investigate the charge in issue.
(3)A board of enquiry may subpoena any person as a witness and administer an oath to theperson or accept an affirmation from him.
(4)At the enquiry the law relating to evidence and witnesses as applicable in criminal
proceedings in the magistrate court shall as far as practicable apply.
(5) Where a member is charged with a misconduct which constitutes an offence of which
he has been convicted by a court of law a certified copy of the trial shall on its
production by any person be, admissible before the board of enquiry and the certified
copy of the charge and judgement of the conviction shall be prima facie proof of thecommission of the misconduct by the member.

(6) After considering the evidence before it and affording the member or any othermember representing him a hearing, the board of enquiry may find the member guilty
or not guilty of the misconduct and inform him of its findings but if that member admits
in the written submission or hearing that he is guilty of the misconduct he may be foundguilty without any other evidence being adduced.

(7) A member found guilty of misconduct may, within such period and in such a manneras may be prescribed, appeal against the finding of the board of enquiry to the Minister.
He may also make representations, in writing, regarding the imposition of punishment.

(8) The board of enquiry shall and the Director General may make recommendations tothe Minister regarding the case.
(9)The Minister may, after considering the record of the proceedings of the board ofenquiry, the recommendations of the board and the Director General if any, and thegrounds of appeal of and representations made by the member, set aside or confirm thedecision of the board of enquiry and -(a)direct that no further action be taken on the matter;(b)

direct that he be cautioned and reprimanded;(c)direct that he be demoted or salary be reduced to such an
extent as may be recommended;direct that the member be called upon to resign from theService with effect from a specific date; or

(d)

(e)

discharge the member from the Service with effect from a
specific date.

Suspension of members and ancilliary staff
22(1) The Director General may suspend a member or ancilliary staff from office without or
half salary and benefits pending-(a) his trial or;(b) an enquiry (i)at which the possibility as to whether the member is a security risk or
may act in a way prejudicial to the security interests of the state is
being investigated; or(ii)

at which a charge of misconduct against him is being investigated;and may be so suspended during a period of which he is under arrest, detention or until
the completion of the investigation against him and shall not cease to be a member byreason of the suspension.
(2)

During the suspension the powers, functions and authority of themember shall be in abeyance but he shall continue to be subject tothe same duties and discipline as if he had not been suspended.

(3)

The Director General may terminate the suspension at any time.

(4)

The suspension or termination of the suspension shall be subject toconfirmation by the Minister.

CHAPTER IVCONDUCTMembers to be at disposal of state23(1) Unless otherwise provided in this Act-(a)a member shall place the whole of his time at the disposal of
the state;(b)no member shall perform or engage in renumeration workoutside his employment; and(c) no member may claim, as a right, additional renumeration in
respect of any official duty or work of which he is required by acompetent authority to perform.
(2) (a) If a member receives any renumeration, allowance or any reward in connection
with the performance of his work contrary to subsection (1) or any otherprovision of this Act, the member shall pay, to the Service, an amount equal to
the renumeration, allowance or reward and if the reward is in kind he shall pay anamount of its value as may be determined by the Director General.

(b)If the member fails to pay the amount the Director General may recover it fromhim by deducting it from his salary or in such a manner as he may think fit but -

(c)

(i)

that member may appeal to the Minister against thedetermination of the Director General; and(ii)

the Minister may approve the retention by that memberof the whole or portion of the renumeration, allowance orreward.

if in the opinion of the Director General a member has received
the renumeration, allowance or reward and it is still in his
possession or under his control or in the possession or control ofanother person on his behalf or the reward is money and has
been deposited in a bank, building society or any other financial
institution in his name or in the name of another person on hisbehalf, the Director General may, in writing, require themember, the other person, bank, building society or any otherfinancial institution not to dispose of it, or if it is money to retain
a corresponding sum of it pending the outcome of the legal
proceedings for the recovery of the allowance, reward or its
value.

Reward for extraordinary diligence or devotion
24.

The Director General may, with the approval of the Minister, award, to any person who
is a member or was a member, for extraordinary diligence or devotion in theperformance of his duties as a member, such monetary or other reward as the Director
General considers appropriate in the circumstances.

Participation in politics
25(1) A member shall not(i)be an active member of a political party;(ii)speak in public of any political party;(iii) take an active part in the support of a candidate in an election; or(iv) do anything by word or deed which is calculated to further political interests of a politicalparty.
(2)

Nothing in subsection (1) shall be construed as preventing a member from exercising
his right to vote.

CHAPTER V-

WARRANTS, ARRESTS, INTERCEPTION, MONITORING AND SEARCH
Warrants
26(1) Notwithstanding any other law, no entry on, or interference with, property shall be
unlawful if it is authorised by a warrant issued by the Minister under this section.
(2)The Minister may, on an application made by a member of or above the rank of Higher
Intelligence Officer, issue a warrant under this section authorising the taking of suchaction in respect of any property specified in the warrant as the Minister thinks isnecessary to be taken in order to obtain information which (a) is likely to be of substantial value in assisting the Service to discharge any of its
functions; and(b) cannot reasonably be obtained by any other means.

(3)A warrant shall not be issued under this section unless (a)it is signed by the Minister; or(b)in an urgent case where the Minister has expressly authorised its issue and a statementof that fact is endorsed on it, it is signed by the Director General or an officer
authorised by the Director General.
(4) A warrant shall not be issued under this section unless(a)if it was signed, by the Minister, at the end of six months from the day it was issued; or(b)in any other case, at the end of the second working day following the day it wasissued.

(5) If at any time before the day on which a warrant would cease to have effect the Ministerconsiders it necessary for the warrant to continue to have effect for the purpose for which
it was issued, he may renew it, in writing, for a further period of six months.
(6) The Minister shall cancel a warrant if he is satisfied that the action authorised by it is nolonger necessary.

Interception, monitoring and search27(1) No member shall, in the exercise of his duties-

(2)

(a)

intentionally and without the written approval of the
Director General, intercept a communication which
has been, is being or is intended to be transmitted by
telephone or in any other manner over atelecommunications line; or(b)intentionally monitor a conversation by means ofmonitoring device so as to gather confidential
information concerning any person, body ororganisation.

Notwithstanding subsection (1) or any other law to the contrary if the Minister isconvinced on the grounds mentioned in a written application to him from the Service,that(a)an offence that has been, is being or will probably be committed is athreat to the national security; or(b)

the information has or could probably have a bearing on the functions of
the Service and can be obtained on any premises,and that the offence cannot be properly investigated or the information cannot reasonably beobtained in any other manner and the investigation or information is, for the purposes of thisAct necessary he may issue the Service with a direction (c)that a particular postal article or a particularcommunication which has been, is being or is intended
to be transmitted by telephone or is in any othermanner over telecommunications line be intercepted;(d)that all postal articles to or from a person, body ororganisation or all communication which have been,
are being or are intended to be transmitted by
telephone or in any manner over a telecommunications
line, to or from the person, body or organisation beintercepted;(e)that conversations by or with a person, body ororganisation, whether telecommunications line is being
used in conducting these conversation or not bemonitored in any manner by means of monitoring
device; or(f)to enter and search premises with the purpose ofobtaining the information and to examine, copy,
photograph, transcribe an article or document on thepremises or to remove the article or document for as
long as is reasonably necessary in the circumstances.

(3) A direction shall not be issued under this section unless(a)it is in writing and signed by the Minister; or(b)in an urgent case where the Minister has expressly authorised
its issue and a statement of that fact is endorsed on it, it issigned by the Director General or an officer authorised by the
Director General.
-(4) A direction shall, unless renewed under subsection (5), cease to have effect-(a)

if it was signed by the Minister at the end of six months fromthe day it was issued; or(b)in any other case, at the end of the second working day
following the day it was issued.

(5) If at any time before the day on which a direction should cease to have effect the
Minister considers it necessary for the direction to continue to have effect for the purpose

for which it was issued, he may renew it in writing for a period of six months.
Arrests
28(1) The police shall, arrest or cause to be arrested a person whom the Service reasonably
suspects of acting in a manner prejudicial to the national security.
(2) A person arrested under subsection (1) shall be kept in the Police custody and dealt
with in accordance with the provisions of the Criminal Procedure and Evidence Act
1981.

PART VIFINANCIAL PROVISIONS
Establishment of the National Security Service Special Fund
29.

There is established in the Consolidated Fund a special fund to be known as the
National Security Service Special Fund in this Act referred to as “the Fund” to whichshall be credited the amounts appropriated by Parliament for special operations of theService and all sums received by way of donation or otherwise for the purposes of or on
behalf of the Service.

Administration of the Fund
30.

The Fund shall be administered by the Director General in consultation with the
Minister and shall be audited by the Auditor General, at the end of each financial year.
1
3

Accounts and records of the Fund
31.

The Director General shall keep proper books of accounts and prepare records inrespect of the activities of the Fund.

Annual report of the Fund
32.

The Director General shall within 60 days after the end of a financial year prepare andsubmit to the Minister a report concerning the activities of the Fund during the financial
year.

Other expenses including salaries of the Service
33.

All expenses of the Services, other than those charged and paid out of the Fund,
including salaries, allowances and terminal benefits payable to or in respect of themembers and ancilliary staff shall be paid out of the Consolidated Fund.

Accounts and records of the Service
34.

Subject to section 30 the Service shall cause to be kept, proper books of accounts andrecords in respect of income and expenditure, assets and liabilities and any othertransaction of the Service charged and paid out of the Consolidated Fund and shall be
audited by the Auditor General.

PART VIIGENERAL

Access to premises of the Service
35.

The Minister may, by notice in the Gazette or in any other manner which he thinks
sufficient in the circumstances, prohibit or restrict access to any premises under thecontrol of the Service.

36. The Service, Lesotho Defence Force and Lesotho Police Force shall at all times, maintainan effective liaison with the objective of festering, preserving and strengthening
national security.
Secrecy37(1) A member or any other person employed in the Service shall preserve secrecy and aid
in preserving secrecy in respect of a matter or information which may come to his
knowledge in the exercise of his powers or performance of his duties and functions
under this Act and shall not disclose or communicate the matter or information to any
unauthorised person or permit a person to have access to any documents in his
possession or custody, except in so far as the communication is required to be made incompliance with this Act or any other law.

(2) A member or any other person who contravenes sub-section (1) or who knows of
information which to his knowledge is disclosed in contravention to sub-section (1)and publishes it or communicates it to another otherwise than for the purpose of aprosecution under this Act or in the course of his official duty and without the written
authority of the Director General commits an offence and is liable to conviction to afine not exceeding M30,000-00 or imprisonment to a period not exceeding 15 years.
Oath of office38.

A member or any other person employed in the Service shall, before entering upon theduties of his office take and subscribe the oath of allegiance which shall be in the form
prescribed by the Minister.

Offences and Penalties
3 9(1) A person who, not being a member(a)by words, conduct or demeanor pretends that he is amember;(b)

persuades a member to omit to carry out his duty or to
do any act in conflict with his duty;(c)is an accomplice to the commission of any act ofwhich any lawful order given to a member or any
regulations may be evaded,

commits an offence and is liable on conviction to a fine notexceeding M20,000-00 or to imprisonment for a period not exceeding
10 years.
(2)

A person(a) subpoenaed in terms of section 2 1(3) to appear as awitness at an enquiry who fails to attend at the time andplace mentioned in the subpoena or having attended
refuses to answer all questions lawfully put to him or
makes any false statement on oath knowing it to be false;(b) who unlawfully and intentionally violates a provision of aregulation made pursuant to section 41;(c) who fails to comply with a requirement made in terms ofsection 21(1);(d) who without the approval of the Minister, in carrying out
an activity, 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
likely to lead other persons to believe or infer that theactivity is carried on under or by virtue of a provision ofthis Act, or under the patronage of the Service or is in any
manner associated with the Service; or(e) who enters, or is on or in any premises in contravention of
any prohibition or restriction under section 35,

commits an offence and is liable on conviction to a fine not exceeding M20,000-00 or
imprisonment for a period not exceeding 5 years.

Extra-territorial application of Act and jurisdiction40.

An act constituting an offence or misconduct under this Act and which is committed
outside Lesotho by a citizen of Lesotho or any person domiciled in Lesotho shall bedeemed to have been committed in Lesotho.

Regulations
41(1) The Minister may make regulations for carrying into effect the provisions of this Act
and generally for the good governance and organisation of the Service.
(2) Without prejudice to the generality of sub-section (1) the Minister may make regulations
as to(a)the employment, training, promotion, posting, transfer, leave of absence, resignation,discharge, dismissal, suspension or demotion of members and personnel managementof the members in general;(b)the standards of physical and mental fitness and the medical examination andtreatment, dental and hospital treatment of members;(c)numerical establishment of the Service, conditions of service, wages, allowances,
grades and designations in the service;(d) the instruction, discipline and control of members;(e)deductions to be made from salaries, wages or allowances of members;(f)the assembly of boards of enquiry appointed under this Act, procedure at proceedingsof such boards and attendance of witnesses at the proceedings;(g)

the charging of members for misconduct;(h)appeals in terms of this Act;(i)returns, registers, records, forms and any other documents and correspondence relating
to the Service;(j)recovery from a member of any deficiency, loss, damage or expense he has unlawfullycaused to the state;(k)the control of funds collected or received by members for their own benefit;(l)general management and maintenance of the Service;(m) retirement or resignation from the Service;(n)conditions for and procedures regarding permission or access to any premises under thecontrol of the Service;(o)a code of conduct to be adhered to by members;(p)establishment of procedures regarding the presentation, consideration andadjudication of grievances of members.

Repeal
42.The National Security Service Order No. 25 of 1992 is repealed.
SCHEDULE 1(Section 8(1))
Organisation Structure of the Service
Director General
Deputy Director General
Director
Deputy Director
Assistant Director
Principal Intelligence Officer
Senior Intelligence Officer
Higher Intelligence Officer
Intelligence Officer 1Intelligence Officer 2Intelligence Officer 3

Intelligence Officer 4
Assistant Intelligence Officer