Intelligence Services Act, 2002 (Act No. 65 of 2002)Chapter II : Establishment, Composition and Organisation of Agency5. Establishment of Training Fund for Agency |
[Section 5 heading substituted by section 17(a) of Act No. 11 of 2013]
| (1) | [Section 5(1) deleted by section 17(b) of Act No. 11 of 2013] |
| (2) | The Agency— |
| (a) | must provide training for persons in, or conduct such examinations or tests as a qualification for the appointment, promotion or transfer of persons in or to, the Agency or departments, as the case may be, as the Minister may prescribe; and |
[Section 5(2)(a) substituted by section 17(d) of Act No. 11 of 2013]
| (b) | may issue diplomas or certificates to persons who have passed such examinations or tests. |
[Section 5(2) substituted by section 17(c) of Act No. 11 of 2013]
| (3) | The Agency must have a Training Fund of which the funding consists of— |
| (a) | all moneys which immediately prior to the commencement of this Act were moneys defrayed for training under the former National Intelligence Agency; |
[Section 5(3)(a) substituted by section 17(f) of Act No. 11 of 2013]
| (aA) | all moneys which immediately prior to the commencement of the General Intelligence Laws Amendment Act, 2011, were moneys defrayed for training under the South African National Academy of Intelligence; |
[Section 5(3)(aA) inserted by section 17(g) of Act No. 11 of 2013]
| (b) | money appropriated by Parliament from time to time for promoting training under this Act; |
| (c) | any other money accruing to the Training Fund in terms of this Act or from any other source. |
[Section 5(3) substituted by section 17(e) of Act No. 11 of 2013]
(4)
| (a) | The Training Fund must be administered by the Director-General. |
[Section 5(4)(a) substituted by section 17(h) of Act No. 11 of 2013]
| (b) | Money in the Training Fund must be utilised to promote training under this Act, but money or other property donated or bequeathed to the Training Fund must be utilised in accordance with the conditions of the donation or bequest in question. |
| (c) | The Director-General may invest money in the Training Fund which is not required for immediate use in such a manner as the Minister may approve with the concurrence of the Minister of Finance. |
[Section 5(4)(c) substituted by section 17(i) of Act No. 11 of 2013]
(5)
| (a) | The end of the financial year of the Training Fund is on the last day of March in each year. |
| (b) | The Director-General must— |
| (i) | keep records of money received by, and disbursements made from, the Training Fund and of its assets, liabilities and financial transactions; |
| (ii) | at the end of each financial year, prepare annual financial statements reflecting money received by, and disbursements made from, the Training Fund and its assets and liabilities. |
[Section 5(5)(b) substituted by section 17(j) of Act No. 11 of 2013]
| (c) | The records and annual financial statements must be audited annually by the Auditor-General in accordance with the Security Services Special Account Act, 1969 (Act No. 81 of 1969). |
| (6) | [Section 5(6) deleted by section 17(k) of Act No. 11 of 2013] |
| (7) | The Agency may in relation to training co-operate with any institution of higher learning, in the Republic or elsewhere, to achieve its objectives. |
[Section 5(7) substituted by section 17(l) of Act No. 11 of 2013]
| (8) | The accreditation and recognition of the Agency's qualifications must be done in accordance with the provisions of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008). |
[Section 5(8) substituted by section 17(l) of Act No. 11 of 2013]