[Heading substituted by section 3(a) of Act No. 11 of 2013]
| (1) | The relevant members of the National Intelligence Structures may conduct a vetting investigation in the prescribed manner to determine the security competence of a person if such a person— |
| (a) | is employed by or is an applicant to an organ of state; or |
| (b) | is rendering a service or has given notice of intention to render a service to an organ of state, which service may— |
| (i) | give him or her access to classified information and intelligence in the possession of the organ of state; or |
| (ii) | give him or her access to areas designated national key points in terms of the National Key Points Act, 1980 (Act 102 of 1980). |
[Subsection (1) substituted by section 3(b) of Act No. 11 of 2013]
| (2) | The Agency shall be responsible for vetting of persons contemplated in subsection (1) and, on request of the South African Police Service or the National Defence Force, persons employed by, applicants to or persons rendering a service to the South African Police Service or the Department of Defence and Military Veterans. |
[Subsection (2) substituted by section 3(c) of Act No. 11 of 2013]
| (3) | Notwithstanding the provisions of subsection (2), the Agency may request the assistance of the South African Police Service, the National Defence Force or the vetting field work units in the performance of the function contemplated in subsection (2). |
[Subsection (3) substituted by section 3(c) of Act No. 11 of 2013]
(4)
| (a) | In performing the vetting investigation contemplated in subsection (1), the relevant members of the National Intelligence Structures may use a polygraph to determine the reliability of information gathered during the investigation. |
[Paragraph (4)(a) substituted by section 3(d) of Act No. 11 of 2013]
| (b) | For the purpose of this section, 'polygraph' means an instrument used to ascertain, confirm or examine in a scientific manner the truthfulness of a statement made by a person. |
| (5) | The relevant members of the National Intelligence Structures may, in the prescribed manner, gather information relating to— |
| (c) | personal information; or |
| (d) | any other information which is relevant to determine the security clearance of a person: |
Provided that where the gathering of information contemplated in 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 Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act 70 of 2002).
[Subsection (5) substituted by section 2(b) of Act No. 52 of 2003]
(5A)
| (a) | Departments of State may, at the request of the Agency, establish units to be known as vetting field work units. |
| (b) | Vetting field work units may, on request by the Agency, assist a relevant National Intelligence Structure in gathering the information contemplated in subsection (5). |
[Subsection (5A) inserted by section 3(e) of Act No. 11 of 2013]
| (6) | The head of the relevant National Intelligence Structure or any officials delegated by him or her in writing may, after evaluating the information gathered during the vetting investigation, issue, degrade, withdraw or refuse to grant a security clearance. |
[Subsection (6) substituted by section 3(f) of Act No. 11 of 2013]
| (7) | The head of the relevant National Intelligence Structure may establish a Vetting Advisory Board comprising of members or employees of the relevant National Intelligence Structure to assist him or her or any delegated officials contemplated in subsection (6) in the determination of the security competence of a person. |
[Subsection (7) substituted by section 3(f) of Act No. 11 of 2013]
(8)
| (a) | A person whose security clearance has been refused, withdrawn or degraded may in the prescribed manner appeal to the Minister responsible for the relevant National Intelligence Structure. |
| (i) | be lodged within 60 days from the date on which the decision was made known by the head of the relevant National Intelligence Structure or such later date as the Minister permits; and |
| (ii) | set out the grounds for the appeal. |
| (c) | After considering the grounds of appeal and the head of the relevant National Intelligence Structure's reasons for the decision, the Minister responsible for the relevant National Intelligence Structure shall as soon as practicable— |
| (i) | confirm, set aside or vary the decision; or |
| (ii) | substitute any other decision for the decision of the relevant National Intelligence Structure. |
| (8A) | The Minister responsible for the relevant National Intelligence Structure may establish a panel of appeal to assist him or her in the consideration of an appeal lodged in terms of this Act. |
[Subsection (8A) inserted by section 2(c) of Act No. 52 of 2003]
| (9) | The Director-General of the Agency may in the prescribed manner issue functional directives on— |
| (a) | usage and application of polygraph; |
| (b) | criteria for determining security competence; and |
| (c) | levels of security clearance. |
| (10) | 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 |
| (b) | notwithstanding any other law, apply to all the relevant National Intelligence Structures. |
[Subsection (10) substituted by section 2(d) of Act No. 52 of 2003.]
[Section 2A substituted by section 3(a) of Act No. 11 of 2013]
