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.
SOUTH AFRICAN INTELLIGENCE