R Kasrils: Ministerial Review Commission on Intelligence

1 November 2006

Honoured members
All media

In my Budget Vote Speech to the National Assembly (NA) on 1 June this year,
I announced my intention to establish a Ministerial Review Commission on
Intelligence.

This action was necessitated by certain malpractices and abuses of state
power and resources which had occurred within the National Intelligence Agency
(NIA) during 2005.

I indicated in my Budget Vote speech that it was necessary to use this
lamentable episode at NIA to undertake fundamental reforms aimed at preventing
such abuses in the future. To do so, we need to review legislation and
strengthen regulations, operational procedures and control measures where
necessary. I also pointed out the need to attend to the perfidious mentality
that enabled these dirty tricks to take place and most importantly, that such
reforms be placed in the public domain so as to rebuild public confidence and
trust.

Before I continue I wish to acknowledge members of the Joint Standing
Committee on Intelligence (JSCI) chaired by Dr Siyabonga Cwele, who have been
fully briefed on this process, and express my appreciation for the vigorous
role they play in holding our services accountable, and for their input in
defining this process. I also need to acknowledge the contribution of the
Inspector General for Intelligence in addressing concerns over the operations
of the services.

Likewise I note the work of the Legislative Review Task Team appointed late
last year and headed by the Coordinator for Intelligence, Barry Gilder.

Let me now introduce to you the leading South Africans who have graciously
accepted to serve on the Review Commission. As you will see, the panel draws on
the experiences of a former member of the executive, a former Parliamentarian
and a civilian who has extensive experience in non-governmental organisations
(NGOs). The Commissioners all come from a legal background.

They are: Former Deputy Minister of Safety and Security, Mr Joe Matthews, as
Chairperson; the Speaker of our first democratic Parliament, Dr Frene Ginwala;
international scholar in peace and conflict studies, Mr Laurie Nathan.

It is important to point out that the Commission will be independent and
that no person or body may do anything to undermine its independence or seek to
influence the Commissioners in an improper manner.

The Commission's Terms of Reference is aimed at "strengthening mechanisms of
control of the Civilian Intelligence Services in order to ensure full
compliance and alignment with the Constitution, constitutional principles and
the rule of law, and particularly to minimise the potential for illegal conduct
and abuse of power".

The focus of the Review shall include the following topics in so far as they
relate to the aim of the Commission:
* executive control of the Intelligence Services
* control mechanisms relating to Intelligence Services' operations
* control over intrusive methods of investigation
* the spheres of activity currently referred to as political and economic
intelligence
* political non-partisanship of the services
* the balance between secrecy and transparency
* controls over the funding of covert operations.

The review process will cover the following structures:
* NIA
* South African Secret Services (SASS)
* National Intelligence Coordinating Committee (NICOC)
* National Communications Centre (NCC)
* Electronic Communications Security (Pty) Ltd. (COMSEC)
* Office for Interception Centres (OIC).

To achieve its aim, the Commission may, among other methods, engage in
reviewing legislation, regulations, reports, directives, invite written or oral
submissions, hold public consultations and undertake comparative study of good
practice in the governance of Intelligence Services in other countries.

On completion of the review, the Commission will submit a public report to
the Minister containing practical recommendations for strengthening regulation
and control of the Intelligence Services. We envisage that the Commission will
complete the first phase of its work by mid-2007 and conclude by end 2007. The
Minister will present the report to the JSCI for consideration. The report will
also be made available to the public. The Minister will study the
recommendations and make decisions thereafter.

I wish the Commission success in the work that lies ahead. Our security,
including the institutions responsible for this function, is no longer the
preserve of an elite group and I encourage members of the public to use this
opportunity to participate in the process and engage in debate on the issues
relevant to the Terms of Reference.

This is also an important process in the life of the Intelligence Services
as it allows for an added opportunity to account and respond to issues related
to its functioning.

Enquiries: The Commission
Tel: (012) 367 0754
Fax: (012) 367 0923
E-mail: Reviewcommission@intelligence.gov.za

Issued by: Minister for Intelligence Services
1 November 2006
Source: SAPA