Intelligence Services Act, 2002 (Act No. 65 of 2002)Chapter I : Definitions and Application of Act1. Definitions |
In this Act, unless the context indicates otherwise—
[Definition deleted by section 13(a) of Act No. 11 of 2013];
means the accounting officer as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
means the Ministerial Advisory Committee on Training established by section 9;
means the State Security Agency referred to in section 3;
[Definition substituted by section 13(c) of Act No. 11 of 2013]
means the Auditor-General referred to in section 188 of the Constitution;
[Definition deleted by section 13(e) of Act No. 11 of 2013]
means the State information that has been classified under national legislation;
means the Intelligence Council on Conditions of Service established by section 22;
means counter-intelligence as defined in section 1 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994);
[Definition substituted by section 8(a) of Act No. 52 of 2003]
means a department as defined in section 1 of the Public Service Act, 1993 (Proclamation No. 103 of 1993):
means a person appointed as such in terms of section 3(3);
means any member of the Agency or of the former National Intelligence Agency, South African Secret Service or South African National Academy of Intelligence whose services have terminated for any reason;
[Definition substituted by section 13(f) of Act No. 11 of 2013]
[Definition deleted by section 13(g) of Act No. 11 of 2013]
[Definition deleted by section 13(h) of Act No. 11 of 2013]
means the committee established by section 2 of the Intelligence Services Control Act, 1994 (Act No. 40 of 1994);
means a person appointed in terms of section 8, 9 or 19 or referred to in section 3;
means the President or the member of Cabinet designated by the President to assume the responsibility for intelligence services as contemplated in section 209(2) of the Constitution;
means an act contemplated in section 18(1);
means the National Intelligence Structures as defined in section 1 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994);
means the former Umkhonto wesizwe (MK), the Azanian Peoples Liberation Army (APLA), the Pan Africanist Security Service of the Azanian Peoples Liberation Army and the Department of Intelligence and Security of the African National Congress;
includes—
| (a) | a trust; and |
| (c) | any body of persons corporate or unincorporate; |
means the personnel list submitted to the President within seven days after the commencement of the Intelligence Services Act, 1994 (Act No. 38 of 1294), by the head of each of the following organisational components which were integrated to comprise the Intelligence Services, with the names of the persons who—
| (a) | on the date of the commencement of the said Act, were members of the Bureau as defined in section 1 of the Bureau for State Security Act, 1978 (Act No. 104 of 1978); |
| (b) | on the date of the commencement of the said Act, were members of the Department of Intelligence and Security of the African National Congress; |
| (c) | on the date of the commencement of the said Act, were members of the Bophuthatswana Internal Intelligence Service by virtue of their appointment in terms of the Bophuthatswana Internal Intelligence Service Act, 1982 (Act No. 25 of 1982), or were appointed in terms of section 15 of the National Security Council Act, 1981 (Act No. 27 of 1981), of Bophuthatswana; |
| (d) | on the date of the commencement of the said Act, were members of the Transkei Intelligence Service by virtue of their appointment in terms of the Intelligence Service and State Security Council Act, 1987 (Act No. 67 of 1987), of Transkei; |
| (e) | on the date of the commencement of the said Act, were members of the Venda National Intelligence Service by virtue of their appointment in terms of the Intelligence Service Act, 1988 (Act No. 31 of 1988), of Venda; |
| (f) | immediately before the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), were members of any intelligence service or intelligence structure of— |
| (i) | any Government of a self-governing territory as defined in section 38(1) of the Self-Governing Territories Constitution Act, 1971 (Act No. 21 of 1971); or |
| (ii) | any political party or organisation; |
means a person who, in order to ascertain, confirm or examine in a scientific manner the truthfulness or otherwise of statements made by another person, uses skills and techniques in conjunction with any equipment and instrument designed or adapted for that purpose;
means any site, place or location regardless of whether it is or forms part of any temporary or permanent structure, building, vessel, vehicle or aircraft;
means prescribed by regulation;
means a person who for reward—
| (a) | investigates and furnishes information regarding the identity, actions, whereabouts, movements, affiliations, associations, habits, personal character, reputation, trustworthiness, loyalty, occupation, previous employment, integrity, creditworthiness, transactions, financial position, life history or background of another person with or without the consent or knowledge of such a person; |
| (b) | searches for someone who has or is alleged to have committed any crime, delict, breach of contract or other wrongful act, or for any evidence of such wrongdoing; |
| (c) | searches for missing persons, property or other assets, or investigates the costs relating to or responsibility for accidents, injuries or damage; or |
| (d) | conducts surveillance or counter-surveillance; |
means a regulation made under this Act;
means security competence as defined in section 1 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994)
[Definition inserted by section 13(i) of Act No. 11 of 2013]
means security equipment as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001);
means a service that entails—
| (a) | protecting or safeguarding a person or property in any manner; |
| (b) | giving advice on the protection or safeguarding of a person or property, or on use of security equipment or the services of a private investigator; |
| (c) | providing a reactive or response service in connection with the safeguarding of a person or property in any manner; |
| (d) | providing a service aimed at ensuring order and safety on premises used for sporting, recreational, entertainment or similar purposes; |
| (e) | manufacturing, importing, distributing or advertising of monitoring devices contemplated in section 1 of the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992); |
| (f) | performing the functions of a private investigator; |
| (g) | performing the functions of a polygraphist; |
| (h) | installing, servicing or repairing security equipment; |
| (i) | monitoring signals or transmissions from electronic security equipment; |
| (j) | performing the functions of a locksmith; |
| (k) | performing the functions of a cryptographer; |
| (l) | providing training on the services referred to in paragraphs (a) to (k); |
| (m) | making a person or the services of a person available, whether directly or indirectly, for the rendering of any service referred to in paragraphs (a) to (l) to another person; |
| (n) | managing, controlling or supervising the rendering of any of the services referred to in paragraphs (a) to (m); |
[Definition deleted by section 13(j) of Act No. 11 of 2013]
means a consultation forum for members on conditions of service and resources;
means a strike as defined in section 213 of the Labour Relations Act, 1995 (Act No 66 of 1995);
includes the regulations.
means vetting investigation as defined in section 1 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994);
[Definition inserted by section 13(k) of Act No. 11 of 2013]