Intelligence And Security Service - Preliminary (Ss 1-3)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1382

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PART I
Preliminary (ss 1-3)

[Ch2302s1]1. Short title

This Act may be cited as the Intelligence and

Security Service Act.

[Ch2302s2]2. Interpretation

In this Act, unless the context otherwise

requires-

"classified information" means

information of such a sensitive nature and value that the unauthorised

publication or disclosure thereof would lead to a security risk being posed to

the State;

"Committee" means the Central

Intelligence Committee established by section 25 (1);

"Community" means the National

Intelligence Community established by section 27 (1);

"Council" means the Intelligence

and Security Council established by section 29;

"Deputy Director General" means

the Deputy Director General of the Directorate;

"director" means a director of

any of the divisions of the Directorate established under section 8 (3);

"Director General" means the

Director General of the Directorate;

"Directorate" means the

Directorate of Intelligence and Security established by section 4;

"immediate family" means the

spouse and children who are under the age of 21 years;

"intelligence" means information

which relates to or may be relevant to any internal or external threat or

potential threat to national security in any field;

"members of staff of the Directorate"

means the Director General, the Deputy Director General, directors, officers

and support staff;

"ministerial intelligence" means

information which relates to any function concerning national security which by

or under any law has been entrusted to any Government ministry, department or

agency and which information may be required by that ministry, department or

agency in the performance of any of its functions;

"officer" means an officer of the

Directorate;

"Parliamentary Committee" means

the Intelligence and Security Parliamentary Committee established under section

38;

"security clearance" means an

authorisation entitling a person to have access to information of a determined

sensitivity or classification;

"security vetting investigation"

means a systematic procedure used to examine and appraise a person to determine

his or her security competence, including the continued monitoring of that

person;

"support staff" means members of

the Community who are not officers of the Directorate, but who are under the

direction of the Director General, performing such duties as are provided for

in this Act;

"threat to national security"

means-

(a) any

activity relating to espionage, sabotage, terrorism or subversion, or intention

to engage in any such activity directed against, or detrimental to the interest

of Botswana and includes any other activity performed in conjunction with any

activity relating to espionage, sabotage, terrorism or subversion, but does not

include any lawful advocacy, protest or dissent not performed in conjunction

with any such activity;

(b) any

activity directed at undermining, or directed at or intended to bring about the

destruction or overthrow of, the constitutionally established system of the

Government of Botswana by unlawful means;

(c) any

threat or act of violence or unlawful harm that is directed at or intended to

achieve, bring about or promote any constitutional, political, industrial,

social or economic objective or change in Botswana and includes any conspiracy,

incitement or attempt to commit any such act or threat; and

(d) any

foreign-influenced activity within or related to Botswana that-

(i) is

detrimental to the interest of Botswana, and

(ii) is

clandestine or deceptive or involves any threat to the State or its citizens or

any other person lawfully resident in Botswana.

[Ch2302s3]3. Application

Unless the context otherwise requires, this Act

applies to all members of staff of the Directorate.