Intelligence Services Act, 2002 (Act No. 65 of 2002)Chapter III : General40. Repeal of laws, transitional provisions and savings |
| (1) | The laws specified in the Schedule are hereby repealed to the extent indicated in the third column thereof. |
| (2) | All assets, liabilities, rights and duties, including funds, resources and administrative records of the former National Intelligence Agency, South African Secret Service, South African National Academy of Intelligence and Electronic Communications Security (Pty) Ltd (hereinafter referred to as Comsec) must be transferred to the Agency within six months after the commencement of the General Intelligence Laws Amendment Act, 2013, and vest from the date of transferral in, and must from that date be regarded as having been acquired or incurred by, the Agency. |
(3)
| (a) | Notwithstanding subsection (2) and section 3(1A), as from a date determined by the Minister by notice in the Gazette, Comsec ceases to exist as a juristic person and must for the purposes of the Companies Act, 2008 (Act No. 71 of 2008), be regarded as having been wound up. |
| (b) | The Companies and Intellectual Property Commission must, upon receipt of a notification by the Director-General of the date contemplated in paragraph (a), deregister Comsec as a company in terms of the Companies Act, 2008 (Act No. 71 of 2008), with effect from the said date. |
| (c) | No notice or filing fee or other charge is payable in respect of the deregistration of Comsec. |
| (4) |
| (a) | A registrar of deeds must, upon the production to him or her of a certificate by the Minister that immovable property described in the certificate vests in the Agency in terms of subsection (2), make such entries and endorsements as he or she may deem necessary in or on any relevant register, title deed or other document in his or her office, so as to give effect to subsection (2). |
| (b) | No duty, office fee or other charge is payable in respect of any entry or endorsement in terms of paragraph (a). |
| (5) | If an inquiry into alleged misconduct has been instituted by an entity referred to in subsection (2) but not yet concluded at the commencement of the General Intelligence Laws Amendment Act, 2013, such proceedings must be continued and concluded in accordance with the law in terms of which the inquiry was instituted. |
| (6) | Disciplinary proceedings may be instituted and concluded in terms of this Act against alleged improper conduct of any person who at any time prior to the commencement of the General Intelligence Laws Amendment Act, 2013, was in the service of an entity referred to in subsection (2), provided that the act or omission concerned is substantially the same as an act constituting misconduct in terms of this Act. |
| (7) | Any regulation made under section 22 of the Electronic Communications Security (Pty) Ltd Act, 2002 (Act No. 68 of 2002), shall remain in force for a period of six months after the date of commencement of this Act unless it is inconsistent with this Act. |
(8)
| (a) | Any employee of Comsec, appointed in terms of section 14(1) of the Electronic Communications Security (Pty) Ltd Act, 2002 (Act No. 68 of 2002), must be transferred to the Agency on terms and conditions which may not be less favourable than the remuneration and terms and conditions applicable to that person immediately before his or her transfer and he or she remains entitled to all rights, benefits, including pension benefits, and privileges to which he or she was entitled immediately before such transfer. |
| (b) | A person transferred to the Agency in terms of paragraph (a) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before his or her transfer to the extent that they remain applicable. |
| (9) | Unless inconsistent with the context or clearly inappropriate, any reference in any law to the National Intelligence Agency, the South African Secret Service or the South African National Academy of Intelligence or to Electronic Communications Security (Pty) Ltd or Comsec, must be regarded as a reference to the Agency. |
[Section 40 and heading substituted by section 50 of Act No. 11 of 2013]