General Intelligence Laws Amendment Act [No. 52 of 2003]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 463 Cape Town 30 January 2004 No. 25961
THE PRESIDENCY No. 83 30 January 2004
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 52 of 2003: General Intelligence Laws Amendment Act, 2003.

GENERAL EXPLANATORY NOTE:
r ] Words in bold type in square brack’ets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
( E q l i s h test signed by the President. 1 (Assented to 22 Januav 2004.)
-
ACT To amend the National Strategic Intelligence Act, 1994, so as to empower the hlinister to establish a panel of appeal; to amend the Intelligence Services Oversight Act, 1994, so as to define certain expressions; and to regulate the oversight of the Office for Interception Centres; to amend the Intelligence Services Act, 2002, so as effect certain technical corrections; to empower the Minister to establish a panel of appeal; and to extend the functions of the Intelligence Services Council; to amend the Electronic Communications Security (Pty) Ltd Act, 2002, so as to define certain expressions: to extend the composition of the Board; to restrict the publication of certain regulations; and to effect certain technical corrections; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa, as fol1ows:- Amendment of section 1 ofAct 39 of 1994, as amended by section 1 ofAct 67 of 2002
1. Section 1 of the National Strategic Intelligence Act, 19514, is hereby amended- (a ) by the substitution for the definition of “Agency” of the following definition:
‘‘ ‘Agency’ means the National Intelligence Agency [established by section 3(1) of the Intelligence Services Act, 1994 (Act No. 38 of 199411 as referred to in section 3( 1) of the Intelligence Services Act, 2002 (Act No. 65 of 2002):”;
(0) by the substitution for the definition of “Service” of the followin,o definition: * ‘ ‘Service’ means the South African Secret Service [established by section 3 of the Intelligence Services Act, 19941 as referred to in section 3( 1) of the Intelligence Services Act, 2002 (Act No. 65 of 2002);”; and
( c ) by the substitution in the definition of “National Intelli~ence Structures” for pjragraph (b) of the following paragraph:
c
“(hi the intelligence division of the National Defence Force, established under the Defence Act, [I957 (Act No. 44 of 1957)] 1002 (Act No. 43 of 2002);”.
5
10
15
Act NO. 52,2003 GENERAL INTELLIGENCE LAWS AMENDMENT ACT. 2003
Amendment of section 2.4 of Act 39 of 1994, as inserted by section 3 of Act 67 of 2002
2. Section 2A of the National Strategic Intelligence Act, 1994, is hereby amended- (a ) by the substitution in subsection (1) for the words preceding paragraph ( 0 ) of’
“The relevant members of the Nal.iona1 Intelligence Structures may conduct a security screening investigation in the prescribed manner to determine the security competence of a per& if such a person-.’;
( b ) by the substitution for the proviso to subsection (5) of the following pro\.iso: ”: Provided that where the gathering of information contemplated i n paragraphs (c) and (d) requires the interception and monitoring of the communication of such a person, the relevant members shall perform this function in accordance with the [provisions of the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992)] Regulation of Interception of Communications ;and Provision of Communication- related Information Act, 2002 (Act No. 70 of 2002).”:
the following words:
( c ‘ ) by the insertion after subsection (8) of the following subsection: --
“(8A) The Minister responsible fol- the relevant National Intelli,cence Structure may establish a panel of appeal to assist him or her i n the consideration of an appeal lodged in terms of this Act.”: and
((1) by the substitution for subsection ( I O ) of the following subsection: ” ( I O ) The directives contemplated in subsection (9) shall= - (a) be issued with the approval of the Minister, who shall act in
consultation with the Minister of Safety and Security and the Minister of Defence[,]; and [shall]
10) notwithstanding any other law, apply to all the relevant National Intelligence Structures.”.
Amendment of section 1 of Act 40 of 1994, as amended by section 1 of Act 66 of 2002
3. Section 1 of the Intelligence Services Oversight Act, 1994, is hereby amended- ( a ) by the insertion after the definition of “coumter-intelligence” of the follou~ing
’. ‘Director‘ means Director as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication- related Information Act, 2002 (Act No. 70 of 2002):”:
(hi by the insertion after the definition of “intelligence :services’* of the follo\\%~g
“ ‘1ntelli.cence Services Entities’ means Comsec. the Academy and the Office:“: and
( c ) by the insertion after the definition of “National Defence Force“ of the
“ ‘Office’ means Office as defined in1 section 1 of the Regulation of Interception of Communications and Provision of Communication- related Information Act, 2002 (Act No. 70 of 2002):”.
definition:
___-
definition:
following definition:
~-
Amendment of section 2 of Act 40 of 1994, as amended by section 2 of Act 66 of 2002
4. Section 2 of the Intelligence Services Oversight Act, 1994, is hereby amended by
“( 1) There is hereby established a Parliamentary Committee to be known as the Joint Standing Committee on Intelligence, which shall, subject to the Constitution, perform the oversight functions set out in this Act=
the substitution for subsection (1) of the following subsection:
- I t r ) in relation to the intelligence and co~.tnter-intelligetlce function\ o f ' the Services. which include the administration. iinancial managemcnt and expenditure of the Services&
f h i in respect of the administration, financial management and expenditure of the Intelligence Services Entities,
and report thereon to Parliament.".
Amendment of section 3 of Act 40 of 1994, as amended by section 3 of Act 66 of 2002
5. Section 3 of the lntelligence Services Oversight Act, 1993. is hereb!, amended- i t / ] b!, the substitution in paragraph (cr)(i) for item (cc) of the followin, (7 ' Item:
" ( cc ) any reports issued by the Auditor-General on the affilirs ot' the Services[, Academy and Cornsec] - and the Intelligence Senice5 Entities.":
f h ) by the substitution in paragraph ( ( 1 ) for subparagraph ( i v ) o f the iollo\~.ing
"(iv) the [Minister] Ministers esponsible for leach Service,] the [Academy or Comsec] Ser\.ices and the Intelli~ence Senice< Entities. a report regarding the budget for each Senice[, the Academy or Comsec] or Entity for which he or she i \ re\pon- sible:": and
subparagraph:
( ( ' 1 b!, the substitution for parap-aph ( I ) of the following paragraph: "IO to consider and report on the appropriation of revenue or moneys for
the functions of the Services[. Academy and Comsec] and the lntelligence Services Entities.".
Amendment of section 4 of Act 40 of 1994, as amended by section 3 of Act 66 o f 2002
6. Section 4 of the Intelligence Services Oversight Act. 1994. is herrb!~ mended- i o l by the substitution in subsection (3) for the words preceding the pro\ i\o o f the
"The Committee may, for the purposes of the performmx of' i t5 functions. require any Minister responsible for ;I Senice o r ;in Intelli~ence Services Entity. the Head of a Ser.rice. the CEO. the Director' or the Inspector-General[,] to appear before i t t o give e\,idencc. to produce any document or thing and ansn'er questions put t o him o r her" : and
f h ) by the substitution in subsection (3) f a r paragraph (c) of the t'ollowing
" ( c ) have the right to be assisted by members of [that Service, the
follo\ving words:
paragraph:
Academy or Comsec, as the. case may be] the Senice\ 01- Intelligence Services Entities i n question..".
Amendment of section 7 of Act 40 of 1994, as substituted by section 7 of Act 66 of 2002
7. Section 7 of the Intelligence Services Oversighl. Act. 1993. is hereby amended- f r r ) by the substitution in subsection (7) for the words preceding paragraph 1 ( / ) of
"The functions of the Inspector-General are. i n relation t o the [Service] Services-'.;
( h i by the substitution in subsection (7) for paragraph (d ) of the following
" ( d ) to submit the certificates [to every Minister responsible for a Service pursuant to] contemplated in subsection ( I 1 ) ( ( ' I e
the following words:
paragraph:
relevant Ministers;"; and 50
( L . ) by the insertion after subsection (12) of the following subsection: "( 12A) The National Commissioner of the South African Policz
Service and the Chief of the South African National Defence Force ma\. if requested by the Inspector-General. second emplovee\ o f the Ser\.icc. or the Force, as the case may be. to the office of the Inspector-Gentrd 5 with the consent of the employees concerned and in tcrms of the L I V ~ yoverniny the secondment in question.".
Amendment of section 1 of Act 65 of 2002
8. Section 1 of the Intelligence Services Act. 2002. is hereby amended- ( ( I ) b!. the substitution for the definition of "counter-intelligetlcc" o f thr I O
following detinition: " 'counter-intelligence' means counter-intelligence as detincd i n sec- tion 1 of the National Strategic Intelligence Act. 1991 (Act No. 39 ot' 1994):"and
( h ) by the substitution for the definition of "former member" o f the f o l l o u ins 15 definition:
* ' 'former member' means any member of the Intelligence Senices o r the Academy whose services have -- been terminated for any reason:".
Amendment of' section 10 of Act 65 of 2002
9. Section I O of the Intelligence Services Act. 2002. is hereby amended- 2 0 ( r r ) by the substitution for subsection (2 ) of the following subsection:
"(2) The Director General concerned or the Chief Executi\e OffccrI as the case may be, may, in a prescribed rnanner and subject to thr . [directions] approval of the Minister and the provisions o f this Act. [make such rules and] issue [such directions as he or she mag deem 25 expedient for the efficient command and control of the Intelligence Services or the Academy, as the case may be] functional directi\.eh applicable to- (a j conditions of service and human resources 7 of the lntelligence
Services or the Academy, as the case may be: Prn\,ided that huch 3 0 functional directives must be submitted to the Intelligence Ser1,ict.s I - Council for consideration: and
10) any other matter he or she may deem expedient for the efticirnt command and control of the Intelligence Services or the Academ!. as the case may be."; .> 3
( 1 7 ) by the substitution in subsection (3) for the nwds preceding paragraph ( r r l o f
"The Director-General concerned [or the Chief Executive Oficer] may, in a prescribed manner, subject to the approval of the Minister and the provisions of this Act. issue functional directives applicable to--": 10 and
? -
the following words:
( ( , I by the deletion in subsection (3) of paragraph ( e ) .
Amendment of section 11 of Act 65 of 2002
10. Section 1 1 of the Intelligence Services Act, 2002. is hereby amended- ( t r ) by the substitution in subsection ( 2 ) for the words preceding paragraph ( ( 1 ) of 45
the following words: "If a designated judge as defined in section 1 of the [Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992)] Reyulation of Interception of Communications and Provision of Communication- related Information Act, 2002 (Act No. 70 of :2002), is satisfied. on the SO grounds mentioned in a written application complying \vith directives issued under subsection (5). that--": and
~-
I O No. 75961 GOVE.RNME~I‘GX%tTTt. .:il 1 4 \ 1 -\X) 7(KU
Act No. 52.2003 GENERAL INTELLIGENCE LAWS AMENDMEN‘T .ACT. X O . ?
_____
( h ) by the substitution in subsection ( 3 ) for paragraph ( h ) of the following
“(b) A direction referred to in p a g r a p h ( a ) may be executed b! a member of the Intelligence Services who is authorised to do 50 b!, a senior member of such Intelligence !Services holding a post of a t Ieayt ;I [director] General Manager.”.
Amendment of section 12 of Act 65 of 2002
paragraph:
11. Section 12 of the Intelligence Services Act., 2002, is hereby amended by the substitution in subsection ( 2 ) for paragraphs (u), (b ) and (c) of the following parayaphs. respectively:
“(a) acquire [or hire] any immovable prope’rty, with or without any building4 thereon which is necessary for the efficient functioning of the Intelligence Services or the Academy, and erect or maintain any buildings on the propert!’ so acquired and, [with the concurrence of the Minister of Finance] wbject to section 70 of the Public Finance Management Act, 1999 (Act No. I o t 19991, supply guarantees, indeminities and securities for those purposes: sell or otherwise dispose of immovable property which is no lonyer required for any purpose contemplated in paragraph (a ) ; acquire [and]. hire or utilise any movable property and any other equipmrn~ which may be necessary for the efficient functioning of the Intelligence Services or the Academy; [with the concurrence of the Minister of Finance,] sell. let or othenvise dispose of [any immovable property, with or without any building thereon, and] anything [referred to] contemplated in paragraph [ ( h ) ] w. which is no longer required for the said purposes.”.
Amendment of section 14 of Act 65 of 2002
12. Section 14 of the Intelligence Services Act, 2002. is hereby amended- ( a ) by the substitution in subsection (2) for the proviso of the following pro\ isv:
‘.: Provided that where the gathering of information contemplated i n paragraphs ( c ) and (d) requires the interception and monitoring o f the communication of such a person, the Intelligence Services must perfornm this function in accordance with the [provisions of the Interception and hlonitoring Prohibition Act, 1992 (Act No. 127 of 1992)l Reyulation of Interception of Communications and Provision of Communication- related Information Act, 2002 (Act No. 70 of 2002).”;
(h) by the substitution in subsection (7) for the words preceding paragraph ( ( I ) o f
“If the certificate referred to in subsection [(2)] ( 5 ) is withdra\vn. (such] - the member concerned is deemed unfit for further membership of the Intelligence Services or the Academy. as the case ma!. be. and the Minister may--”;
(c) by the substitution in subsection (8) for paragraph ( u ) of the follotving
“ (a ) A person whose security clearance has been degraded. withdrawn
~-
the following words:
paragraph:
- or refused by the Director-General may. in the prescribed manner. appeal to the Minister.”;
(dl by the substitution for subsection (10) of the following subsection: *‘( 10) All the provisions regarding security screening investigatims.
applicable to a person contemplated in subsection ( l ) , [applies] q& to - the security screening of [members] =ember contemplated in subsection (9).”; and
(e) by the addition of the following subsection: I
“( 11) The Minister may, in a prescribed manner, for the purposes of any appeal lodged in terms of this Act, establish a panel of appeal to assist him or her to consider any such(appeal.”. 55
Amendment of section 20 of Act 65 of 2002
13. Section 20 of the Intelligence Services Act. 2002. i \ , hereby amended h! thc
"( 1) The Minister may in writing and on such conditions ;IS he 01- \he ma! dc.tXn1 tit delegate any power conferred upon or duty assigned t o him o r her h! thi . Act. 5 excluding any power conferred upon or duty a!;signed Ito him o r her I?! \ection\ 4 INcri and f h ) . S( I ) . (2)1u) and (4)fc). 6(2). 9 ( 3 ~ (4) . ( 5 ) . ( 8 ) and (9) . I O ( 1 land], ( 7 ) and (3 ) . 12(1)[,1 and ( 2 ) f a ) and [(c)] fb ) . 133) . 146). ( 7 ) . ( 8 ) [and], ( 9 ) & (11). 15[l](bl and (cj%(2). 17(2). 1 8 ( 3 ) . ~ [ ( l ) a n d ] (4). ? I ( ? ) . 2 3 1 ) . ( 5 ) ;unci (7). 2?(3)io)(i) and (i i ) . 28(2), 30 and 37, to the Director-General concerncct. thc Chiel' I O Executive Officer or any other member of the Intelligence Senice\ 0 1 . lhc Academy. as the case may be.".
substitution for subsection ( 1 ) of the following subsection:
Amendment of section 22 of Act 65 of 2002
14. Section 22 of the Intelligence Services Act. 2002. i \ hereby ;mended- ( ( 1 1 b) the insertion in subsection (3) after paragraph (/)) of the t o l l o u ins 1 i
paragraph: "/bA) to promote measures and set standards to encure the cfl.ecti\ e and
efficient performance and imp18:nwntation of policies on human resources within the Academ!. o r the Intelliyence Sen ice\. a\ the case may be. and to make reco;l~~nlendatiol~s t o the hlini\ter:": 2 0
( h ) by the substitution in subsection ( 3 ) ( c ) for the \wrd?, preceding suhparagaph
"for the purposes of making recommendation\ a\ contc.n~plated i n paragraphs ( a ) [and]. (b) and (hA)--": Llnd
"(8) The Intelligence Services Council-
( i ) of the following words:
( ( ' I b!, the addition of the following subsection^,: -. T i
((/) i.s accountable to the Minister: and ((7) must at the end of each financial year submit ;I report on i t \ X ~ I \ i t i t . \ 1
and findings to the Minister. I (9) ( n i The Minister must submit thr report referred t o i n \Llh\c.ct1on I 30
( 8 ) ( b ) t o the Joint Standing Committee on Intelli~ence and I O ~ h c , Minister for the Public Service and Adlninistra1:ion.
Ih) The report must not contain confidential i r l fo rma t ion that \\ o u l d bc. detrimental to national security.".
Amendment of section 26 of Act 65 of 2002 .> 7 - ?
15. Section 16 of the Intelligence Services Act. 2002. is hereby :une~drd h! the
" ( g i being a member. discloses classified information or material t o an unauthorised person without the permission of the Director-GenrnII co11- cerned or the Chief Executive Officer, as the case nna! ' be.". 4 1
substitution i n subsection ( 1 for paragraph (g) of the r'ollo\ving parayraph:
Amendment of section 37 of Act 65 of 2002
16. Section 37 of the Intelligence Services Act. 2002. is hereby amended b!, the
" ( 7 ) Regulations contemplated in paragraphs / / ? I and ( c ) o f d x e c t i o n ( I I lllust- 45 ( 0 ) as far as possible. be consistent with the ceneral principles and objectives of (hl be made in consultation with the Minister responsible for the administration o f
substitution for subsection (2) of the following subsection:
the Medical Schemes Act. 1998 (Act No. 13 1 of I998 ): and
the Medical Schemes Act, 1998 (Act No. 13 I of 19913):'.
~-
Amendment of section 1 of Act 68 of 2002
17. Section 1 of the Electronic Communications Security (PtJ') Ltd Act. 2003. i h
(a) by the substitution for the definition of "communication" of the t o l l o \ \ ing definition: 7
" 'communication' means communication as defined in section 1 o f the Regulation of Interception of Communications and Provision of Con- munication-related Information Act. :IO02 (Act No. 70 of 2002):": and
(b) by the insertion after the definition of "this Act" of the following definition: " 'verification services' means services designed to identify the oriyin (11' 1 0 the integrity of an electronic communications security product. system o r service.".
hereby amended-
Amendment of section 9 of Act 68 of 2002
18. Section 9 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby amended- 15
((1) by the substitution in subsection (1) for the words preceding paragraph ( ( I J of the following words:
"The Board is made up of not mlore than [nine] 12 mrmber\ of whom-" :
-
( b ) by the substitution in subsection (1) for paragraph ( (1 , of the foIlo\\.in~ 20 paragraph: ~-
"(a) one is designated by the Minister as non-executive chairperson:": ( c ) by the substitution in subsection (1) for paragraph ( c ) of the follo\\,ing
paragraph: " ( c ) the rest are additional non-executive members. consisting 0 1 ' ~ 3
(i) one person representing the Department of Communication\: (ii) one person representing the National Treasury: and (nl> persons [approved by the Minister] appointed on the [basis]
grounds of relevant expertise.": and (d ) by the insertion after subsection ( 1 ) of the following subsections: .X)
"( 1 A) The Minister must designate one of the non-executive memhers referred to in subsection (l)(c) as the deputy chairperson of the Board. ~ who must act in the place of the chairperson if he or she is unable to perform his or her functions as chairperson.
subsection (l)(c). the Minister may appoint an alternate. who may attend and vote at meetings of the Board on behalf of the non-executi\.e member if that member is unable to attend.
(IC) The term of office of an alternate member is the same of that of the non-executive member in respect of whom he or she is appointed and 10 such alternate member vacates office if the relevant non-executive member vacates office.
(1D) Sections 10, 11, 12 and 16 regarding remuneration and other I conditions of appointment applicable tlo non-executive members of the 1 Board apply with the necessary changes to alternate members.". 45
(1B) For each non-executive member of the Board contemplated il l 35
Amendment of section 14 of Act 68 of 2002
19. Section 14 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby amended by the addition of the following subsection:
"(5) Notwithstanding any other law, the directors and employees of Comsec may be members of any medical scheme established in terms of the Intelligence 50 Services Act, 2002 (Act No. 65 of 2002).".
~
Act No. 52.2003 GENERAL INTELLIGENCE LAWS AMENDMENT ACT. 2003
Amendment of section 17 of Act 68 of 2002
20. Section 17 of the Electronic Communications Security (Pty) Ltd Act. 2002. is
"(3) The Board must make its request within six months [after Comsec's incorporation] of the incorporation of Comsec, and thereafter [in] every [second 5 year] two years.".
hereby amended by the substitution for subsection (3) of the following subsection: --
Amendment of section 22 of Act 68 of 2002
21. Section 22 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby amended by the addition of the following subsection:
" ( 3 ) A regulation made under this Act may not be published in the Gllzertc. if 10 such re~ulation- (n i relates to the conditions of service of the employees or members of the Board
( h ) is likely to compromise national security.". of Comsec; or
Amendment of section 23 of Act 68 of 2002 IS
22. Section 23 of the Electronic Communications Security (Pty) Ltd Act. 2001. is hereby amended by the substitution in subsection ( 1 ) for paragraph f h l of the following paragraph:
" ( / I / contravenes section 7(6) or 17(1) or (2):".
Repeal of section 26 of Act 68 of 2002 20
23. Section 26 of the Electronic Communications Security (Pty) Ltd Act. 2002. is hereby repealed.
Repeal of Schedule 1 to Act 68 of 2002
24. Schedule 1 to the Electronic Communications .Security (Pty) Ltd Act. 2002. is hereby repealed. 25
Amendment of laws
25. ( 1 The law mentioned in the first column of Sche,dule 1 is hereb), amended t o the
( 2 ) The laws mentioned in the first column of Schedude 2 are hereby amended to the extent set out in the third column of that Schedule.
extent set out in the third column of that Schedule. 30
Short title and commencement
26. ( 1 ) This Act is called the General Intelligence Laws Amendment Act. 2003. and. subject to subsections (2). (3) and (4). comes into operation on a date fixed by the President by proclamation in the Goletre.
February 2003.
the Intelligence Services Act. 2002 (Act No. 65 of 20021). came into operation.
2003. 10
(2) Sections 23 and 24 must be regarded as h a v i q cvme into operation on 27 35
( 3 ) Section 2 3 1 ) must be regarded as having come into operation immediately after
(1) Section 2X2) must be regarded as having come into operation on 18 February
18 No. 25961 GOVERNMENT GAZETTE. 30 JXNUAR1' N ( 1 - 1
Act No. 52,2003 GENERAL INTELLIGENCE LAWS AMENDMENT ACT, 2003
SCHEDULE 1
LAW AMENDED
(Section 25(1))
Yo. and year of Act
'roclamation No. 103 of 1994
Short title
'ublic Service Act, 1994 - Extent of amendment
1, The amendment of section
(a) the substitution for the definition of "Agency" of the following definition:
l(1) by-
'' 'Agency' means the Agency as defined in sec- tion 1 of the Intelligence Services Act. 2002 (Act No. 65 of 2002);"; and
(b) the substitution for the definition of "Service" of the following definition:
'' 'Service' means the Ser- vice as defined in section I of the Intelligence Services Act, 2002 (Act No. 65 of 2002):". -
2. 'The amendment of section 2 by the substitution for sub- jection (3) of the following subsection:
"(3) Where persons em- )toyed in the [Intelligence services or the] Academy, he Agency or the Service are lot excluded from the provi- ;ions of this Act. those provi- ;ions shall apply only in so Bras they are not contrary to he laws governing their ser- dice, and those provisions ;hall not be construed as lerogating from the powers o r iuties conferred or imposed lpon the [Intelligence Ser- rices or the] Academy& %"cy or the Service.".
!. The amendment of section i by the substitution in sub- ,ection ( 1 ) I N ) for subpara- :raph (iii) of the following ubparagraph:
'(iii) in the [Intelligence Services or the] Acad- emy. the Agency or the Service: and".
Act Nu. 52.2003 GENERAL INTELLIGENCE LAWS AMENDXIENT .ACT. 2 0 0 :
SCHEDULE 2
LAWS AMENDE:D
(Section 25(2))
No. and year of Act
Act N o . X 1 of I969
Short title
Security Services Special Ac- count Act, 1969
"Investment of balances
22 No. 25961 GOVtRNMENI' GAZETTt. 3 0 LA\\ - 4 1 0 l O t l i
Act No. 52,2003 GENERAL INTELLIGENCE LAWS AMESNDMEN'T ACT. 2003
Vo. and year of Act
k t No. 84 of 1982
Lct NO. 66 of 1995
I
Short title
Protection of Information Act, 1982
t Labour Relations Act. I995 ,ct No. 75 of 1997
~ Basic Conditions of Employ- ment Act, 1997
Extent of amendment
I. Amendment o f acc't~on 1 h! the suhstitutlon to r the Jclini- tion of "security mutwr" ot the following detinition:
* ' 'security matter' includes any matter njhich i.; dealt with by- ( u r c o m s e c a4 defined i n x c -
tion I of the E1ect:onic
I . Amendment o f .\ect1m I h! .he addition to the detinltlon A' "public ser\,ice" o f the 'oollowinf paragraph: "(P) Comscc.".
2 . Amendment o f section 3( I j ~y the addition of the t ' o l l o ~ - ng paragraph:
'.(I-) - the directors and stafl of Comsec.".
Act No. 55 of 1998
9ct No. 131 of 1998 Vledical Schemes Act, 1'998
Extent of amendment
I. Amendment of section I h! the addition to the detinition of "public service" of the following paragraph: "(e) Comsec.".
Z!. Amendment of section 4 h!, the substitution for suhsection (3) of the following subsec- tion:
"(3) This Act does not ap- ply to members of the Na- trona1 Defence Force, the Na- txonal Intelligence Agent!.. the South African Secret Service or the South African National Academy of Intelligence ~ r t ~ @e directors and staff of Comsec."
1. Amendment of section I hk the insertion after the defini- tion of "complaint" of the following definition: ' I 'Comsec' means Electronic communications Security Y t y ) Ltd established by sec- Eon 2 of the Electronic Coni- munications Security (Pty) Ltd Act. 3002 ( 4 c t No. 68 o f 2002);".
l . Amendment of section 2 h> .he substitution for subsection 13) of the following subset.- ion:
"13) Notwithstanding the Jrovisions of subsections ( 1 md (2). this Act shall not ap- 1l.y to the Agency, thc Acad- :myl [and] the Service and - he directors and statf o f Zomsec.".
--