(Assented to 18 November 1999.
To amend the Intelligence Services Control Act, 1994, so as to amend certain definitions; to alter the procedure for the appointment of members of the Joint Standing Committee on Intelligence; to make further provision for the appointment and conditions of service of the Inspectors-General; to delete certain obsolete references; and to make further provision for reports to the Joint Standing Committee on Intelligence; and to provide for matters connected therewith.
Amendment of section 1 of Act 40 of 1994, as amended by section 1 of Act 31 of 1995 1.
" 'Constitution' means the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) 1996 (Act No.
" 'Speaker' means the Speaker of the National Assembly contemplated in section 41 52 of the Constitution.".
Amendment of section 2 of Act 40 of 1994, as amended by section 2 of Act 31 of 1995 2.
if any political party is unwilling to serve or to continue to serve on the Committee, the seats of such political party on the Committee shall not be allocated to any other political party but the Committee shall nevertheless be deemed to be properly constituted.
Strategic Intelligence Act, 1994 (Act No. 39 of 1994), by regulation.
National Assembly, multiplying the result by 15 and discarding all decimals.
Parliament from which the member is appointed, acting with the concurrence of the President, who shall act with the concurrence of the leader of the political party concerned.
National Council of Provinces and the leader of the political party concerned, and the decision of the committee shall be final.
President of the Senate Chairperson of the National Council of Provinces, as the case may be, in which event a substitute shall be appointed in accordance with paragraph (b) and subsection (3) or (4), as the case may be.
"(a) the Committee shall meet at such times and follow such procedures as may be prescribed by the rules and orders contemplated in section 58 45 of the Constitution."
Chairperson of the National Council of Provinces, the chairperson and the Heads of the Services.
Amendment of section 3 of Act 40 of 1994, as amended by section 3 of Act 31 of 1995 3.
"(i) the Auditor-General subject to the provisions of the Auditor-General Act, 1989 (Act No.52 of 1989), an audit report compiled in accordance with section 4(6) of the Auditor-General Act, 1995 (Act No.12 of 1995); regarding the accounts and financial statements of the accounting officer regarding money expended on the administration and functions of a Service and regarding the money invested in terms of section 5 of the Security Services Special Account Act, 1969 (Act No.
(d) to review and make recommendations on regulations made under section 6 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), and regulations regarding the intelligence and counter-intelligence functions of a Service, made under section 29 of the Intelligence Services Act, 1994 (Act No. 38 of 1994), section 87 of the Defence Act, 1957 (Act No.
33 of the Police Act, 1958 (Act No.
African Police Service Act, 1995 (Act No.
Amendment of section 5 of Act 40 of 1994 4. Section 5 of the principal Act is hereby amended by the deletion of subsection (3).
Amendment of section 7 of Act 40 of 1994, as amended by section 5 of Act 31 of 1995 5.
(b), the Committee shall nominate another person.
Protector Act, 1994 (Act No. 23 of 1994).
to the extent that such disclosure is not detrimental to the national interest.
"(9) No access to intelligence, information or premises contemplated in subsection (3) (8)(a) may be withheld from an Inspector-General on any ground.".
Insertion of section 7A in Act 40 of 1994 6.
fails to comply with section 7(8), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.
Amendment of section 8 of Act 40 of 1994, as amended by section 6 of Act 31 of 1995 7.
"(3) A regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.".
This Act shall be called the Intelligence Services Control Amendment Act, 1999, and shall come into operation on a date fixed by the President by proclamation in the Gazette.