National Strategic Intelligence Act, 1994 (Act No. 39 of 1994)3. Functions of other departments of State with reference to national security intelligence |
| (1) | If any law expressly or by implication requires any department of State, other than the Agency, 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. |
[Subparagraph(iii) second proviso deleted by section 4(b) of Act No. 11 of 2013]
[Subsection (1) substituted by section 4(a) of Act No. 11 of 2013]
| (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. |
| (5) | Notwithstanding any law to the contrary, no department of State or statutory body shall withhold information in its possession or under its control from the Agency when such information is reasonably required for any investigation in terms of section 2(1) and (2). |
[Subsection (5) inserted by section 4(c) of Act No. 11 of 2013]
| (6) | It shall be the duty of any of the members of the National Intelligence Structures to immediately transfer any intelligence in its possession that is required by another member of the National Intelligence Structures for the fulfilment of its statutory functions. |
[Subsection (6) inserted by section 4(c) of Act No. 11 of 2013]
| (7) | The head of an organ of state must ensure that the organ of state under his or her administration procures and accesses electronic communications products with the verification and approval of the Agency. |
[Subsection (7) inserted by section 4(c) of Act No. 11 of 2013]
| (8) | The head of an organ of state must, at the request of the Agency and in the prescribed manner, submit to the Agency an analysis of the electronic communications security needs of the organ of state under his or her administration. |
[Subsection (8) inserted by section 4(c) of Act No. 11 of 2013]