Intelligence White Paper

1. Objective
2. Introduction
3. Philosophy of intelligence
4. Basic principles of intelligence
5. Composition of the intelligence community
6. Control and coordination of intelligence
7. Transforming intelligence methodology
8. External and internal realities facing South Africa and the intelligence community
9. Conclusion
Annexure A - Code of conduct for intelligence workers
Annexure B - Basic principles and guidelines of national intelligence

 

 

 

 

 

1. OBJECTIVE

This White Paper is intended to provide a framework for the understanding of the philosophy, mission and role of intelligence in a democratic South Africa.

These issues should be seen within the framework of the national goals of the Government of National Unity as set out inter alia in the Reconstruction and Development Programme.

The White Paper will focus primarily on the mandates of the proposed new civilian services (domestic and foreign) and will only indirectly refer to military and criminal intelligence.

The goal of this White Paper is the creation of an effective, integrated and responsive intelligence machinery that can serve the Constitution and the government of the day, through the timeous provision of relevant, credible and reliable intelligence.

The White Paper should be read in conjunction with the three bills on intelligence.

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2. INTRODUCTION

The democratisation of South Africa opens a new chapter in our history in which the quality of life and the security of our people, the practice of democracy and the promotion of an internal and international climate of peace and stability are the focus and priority.

Accordingly, a new mission is being set for the South African intelligence community in line with the new, non-racial, democratic order, in which much weight is given to the rights of the individual. This mission is objectively derived from an understanding of conditions international, regional and domestic - impacting on the country's security and interests, and through a remodelling of the moral codes and organisational culture governing the intelligence environment.

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3. PHILOSOPHY OF INTELLIGENCE

3. 1 Introduction

Reshaping and transforming intelligence in South Africa is not only a matter of organisational restructuring. It should start with clarifying the philosophy, and redefining the mission, focus and priorities of intelligence in order to establish a new culture of intelligence.

Prior to the election of a democratic government, security policy was formulated by a minority government. Its ability to detail what was in the national interest, was therefore flawed.

More-over, since the minority government was faced with a struggle for liberation, this issue dominated the question of security and, consequently, the activities of the statutory instruments that served it.

A further consequence was that the role of the state's security apparatus was over-accentuated with virtually no institutional checks and balances.

The challenge of creating a secure environment for all South Africans has not abated with the establishment of a democratic Government of National Unity. Security is a goal that can only be gained and sustained through consistent effort, and must remain high on the list of national priorities, alongside the goals of reconstruction, development and reconciliation.

3.2 The definition, purpose and mission of intelligence

3.2.1 Definition of intelligence

In this document, intelligence refers to the product resulting from the collection, evaluation, analysis, integration and interpretation of all available information, supportive of the policy- and decision-making processes pertaining to the national goals of stability, security and development. Modern intelligence can thus be described as "organised policy related information", including secret information.

Intelligence may be gathered by covert or overt means, from a range of sources, human and non-human, open or secret. In addition there is a wide variety of intelligence forms, including political intelligence, economic intelligence, technological and scientific intelligence, military intelligence, criminal intelligence and counterintelligence. Each of these is characterised by its seeking out and processing a certain type of information, and may place different emphases on the methods to be used.

3.2.2 Intelligence and policy-making

The relationship between intelligence and policy-making is a dynamic, reciprocal one. Intelligence is but one tool in the successful implementation of domestic and foreign policy. To be of value to policy making, it must have at least some, if not all of the following attributes: accuracy; relevance; predictive capacity; an element of warning; and timeliness.

On the other hand, for the intelligence organisation to operate optimally, and to the benefit of the policy-maker, intelligence must be valued and nurtured as an instrument of policy. Sufficient resources must be invested in it by the policy and decision- makers, including finances, training and development.

3.2.3 The purpose of intelligence

In the modern, post-Cold War world, intelligence to be relevant must serve the following purposes:

  • to provide the policy-makers, timeous, critical and sometimes unique information to warn them of potential risks and dangers. This allows the policy-makers to face the unknown and best reduce their uncertainty when critical decisions have to be made;
  • to identify opportunities in the international environment, through assessing real or potential competitors' intentions and capabilities. This competition may involve the political, military, technological, scientific and economic spheres, particularly the field of trade; and
  • to assist good governance, through providing honest critical, intelligence that highlights the weaknesses and errors of government. As guardians of peace, democracy and the constitution, intelligence services should tell government what they ought to know and not what they want to know.

3.2.4 Mission of the South African intelligence community

In the South African context the mission of the intelligence community is to provide evaluated information with the following responsibilities in mind:

  • the safeguarding of the Constitution;
  • the upholding of the individual rights enunciated in the chapter on Fundamental Rights (the Bill of Rights) contained in the Constitution;
  • the promotion of the interrelated elements of security, stability, cooperation and development, both within South Africa and in relation to Southern Africa;
  • the achievement of national prosperity whilst making an active contribution to global peace and other globally defined priorities for the well-being of humankind; and
  • the promotion of South Africa's ability to face foreign threats and to enhance its competitiveness in a dynamic world.

3.3 Towards a new national security doctrine

The maintenance and promotion of national security (i.e. peace, stability, development and progress) should be a primary objective of any government. Since intelligence is an instrument to achieve this goal, the two concepts inevitably represent two sides of the same coin.

The traditional and more narrow approach to security has emphasized military threats and the need for strong counter-action. Emphasis was accordingly placed on the ability of the state to secure its physical survival, territorial integrity and independence, as well as its ability to maintain law and order within its boundaries. In this framework, the classic function of intelligence has been the identification of military and paramilitary threats or potential threats endangering these core interests, as well as the evaluation of enemy intentions and capabilities.

In recent years, there has been a shift away from a narrow and almost exclusive military-strategic approach to security. Security in the modern idiom should be understood in more comprehensive terms to correspond with new realities since the end of the bipolar Cold War era. These realities include the importance of non-military elements of security, the complex nature of threats to stability and development, and the reality of international interdependence.

This more comprehensive approach to security is also endorsed by organisations like the UN and the OAU. This approach is inter alia reflected in the Kampala document of the OAU (19th May 1991) where a process was set in motion known as the Conference on Security, Stability, Development and Cooperation in Africa (CSSDEA). The purpose of this document was "providing a comprehensive framework for Africa's security and stability and measures for accelerated continental economic integration for socio-economic transformation".

The intermingling and transnational character of modern-day security issues furthermore indicate that solutions to the problems of insecurity are beyond the direct control of any single country and cannot be rectified by purely military means. The international security agenda is shifting to the full range of political, economic, military, social, religious, technological, ethnic and ethical factors that shape security issues around the world. The main threat to the well-being of individuals and the interests of nations across the world do not primarily come from a neighbouring army, but from other internal and external challenges such as economic collapse, overpopulation, mass-migration, ethnic rivalry, political oppression, terrorism, crime and disease, to mention but a few. Consequently, "security is defined less in military terms and more in the broader sense of freedom from vulnerability of modern society", in the words of an American scholar.

New thinking on security has the following key features, which should form an integral part of the philosophical outlook on intelligence:

  • Security is conceived as a holistic phenomenon and incorporates political, social, economic and environmental issues.
  • The objectives of security policy go beyond achieving an absence of war to encompass the pursuit of democracy, sustainable economic development and social justice.
  • Regional security policy seeks to advance the principles of collective security, non-aggression and Peaceful settlement of disputes.

The broader and modern interpretation of the nature and scope of security leads to the conclusion that security policy must deal effectively with the broader and more complex questions relating to the vulnerability of society. National security objectives should therefore encompass the basic principles and core values associated with a better quality of life, freedom, social justice, prosperity and development.

Applied to the South African context, the new approach to security holds that the Reconstruction and Development Programme, as an organised and collective effort of our society led by the Government of National Unity, is integral to and forms the core of the country's emerging national security doctrine. The RDP's efforts to meet the basic needs of our people, develop our human resources, build our economy, and to democratise our state and society will be in the final analysis, one of the determinants of genuine peace and lasting security.

Democracy and participation are fundamental to the success of the RDP. Democracy must mean the empowerment of all South Africans to effectively participate in the process of governance and in matters that affect them. Democratisation must ensure the modernisation of the structures and functioning of government in the pursuit of efficiency, effectiveness, responsiveness, transparency and accountability. In short, democratisation ensures "good governance".

The following lessons learned from the negotiation process should become central to the new national security doctrine:

  • the determination and ability to arrive at consensus;
  • the maturity to ensure the inclusiveness of the political process; and
  • the ability to reconcile deep-seated political and social conflict.

The national security doctrine must promote the creation of a societal environment that is free of violence and instability. It must engender, within the context of a transformed judicial system, respect for the rule of law and human life.

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4. BASIC PRINCIPLES OF INTELLIGENCE

It is accepted that the creation of a new intelligence dispensation in South Africa shall be accompanied by a review of the underlying principles of the system to be transformed.

The principles outlined hereunder are the result of such a review and have served as a basis for the formulation of a proposed code of conduct and a new legal framework for the creation of a national intelligence capability under our democratic dispensation. (See Annexure A)

Since 1990, the democratisation of South Africa has opened a new chapter in the history of the intelligence community and started a process of consultation and negotiation between the various role players. The establishment of the Sub-Council on Intelligence of the Transitional Executive Council facilitated agreement on a set of Basic Principles, which have laid the basis for the transformation and democratisation of the intelligence community. (See Annexure B)

These principles include the following:

  • principle of an integrated national intelligence capability;
  • principle of departmental intelligence capabilities;
  • principle of political neutrality;
  • principle of legislative sanction, accountability and parliamentary control;
  • principle of the balance between secrecy and transparency;
  • principle of the separation of intelligence from policy making;
  • principle of effective management, organisation and administration;
  • principle of the coordination of intelligence and liaison with departmental intelligence structures;
  • principle of an ethical code of conduct to govern performance and activities of individual members of the intelligence services.

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Code of Conduct

The Code of Conduct as approved by the TEC Sub-Council on Intelligence makes provision for inter alia:

  • a declaration of loyalty to the State and the Constitution
  • obedience to the laws of the country and subordination to the rule of law
  • compliance with democratic values such as respect for human rights
  • submittance to an oath of secrecy
  • adherence to the principle of political neutrality
  • a commitment to the highest degree of integrity, objectivity and unbiased evaluation of information;
  • a commitment to the promotion of mutual trust between policy- makers and intelligence professionals.

Under a democratic government, those agencies entrusted with the task of intelligence work should agree to execute their tasks in the following manner:

  • they should accept as primary, the authority of the democratic institutions of society, and those constitutional bodies mandated by society to participate in and/or monitor the determination of intelligence priorities;
  • they should accept that no changes will be made to the doctrines, structures and procedures of the national security framework unless approved of by the people and their representative bodies; and
  • they should bind themselves to the contract entered into with the electorate through a mutually agreed set of norms and code of conduct.

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5. COMPOSITION OF THE INTELLIGENCE COMMUNITY

In a democracy the government must exercise meaningful control over the intelligence community through a range of measures: the separation of intelligence functions; obliging the agencies to operate in a legal capacity; controlling access to the executive; and differentiating the functions of collection, reporting, coordinating and review.

In the immediate term, and towards the achievement of a new intelligence dispensation, the creation of a National Intelligence Agency (see Intelligence Services Bill) is proposed for South Africa. This agency will amalgamate the members of the existing National Intelligence Service, the intelligence services of the former states of Transkei, Bophuthatswana and Venda, the intelligence service of the African National Congress namely the Department of Intelligence and Security, as well as any other intelligence capabilities that meet with the necessary requirements set out in the Act.

This arrangement will lead to the eventual establishment of two civilian intelligence agencies, one focusing on domestic intelligence (and retaining the name National Intelligence Agency) and a service focusing on foreign intelligence (to be named the South African Secret Service).

The mission of the domestic intelligence service (the National Intelligence Agency) will be to conduct security intelligence within the borders of the Republic of South Africa in order to protect the Constitution. The overall aim shall be to ensure the security and stability of the State and the safety and well-being of its citizens.

The mission of the foreign intelligence service (the South African Secret Service) will be to conduct intelligence in relation to external threats, opportunities and other issues that may affect the Republic of South Africa, with the aim of promoting the national security and the interests of the country and its citizens.

The most significant departure from the old dispensation is that instead of one centralised national civilian intelligence organisation, there will be two. This arrangement will not only ensure that the new intelligence dispensation in South Africa corresponds with general international trends, but will promote greater focusing, effectiveness, professionalism and expertise in the specialised fields of domestic and foreign intelligence.

The services will have distinct intelligence mandates and line functional responsibilities and will share essential support services to avoid costly and unnecessary duplication. They will accordingly create appropriate liaison mechanisms to deal with areas of mutual interest.

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6. CONTROL AND COORDINATION OF INTELLIGENCE

6. 1 Control

It was agreed by the TEC that a number of control measures to regulate the activities of the civilian intelligence community should be implemented. The control mechanisms include the following principles and practical measures:

  • Allegiance to the Constitution;
  • Subordination to the Rule of Law
  • A clearly defined legal mandate;
  • A mechanism for parliamentary oversight;
  • Budgetary control and external auditing;
  • An independent Inspector-General for Intelligence - one each for the two civilian intelligence services;
  • Ministerial accountability;
  • The absence of law enforcement powers.

Of these measures, the most important is a proposed mechanism for parliamentary oversight over the different services and departments with functions relating to intelligence (see Parliamentary Committee on Intelligence Bill). The bill makes provision for the following:

  • A Joint Standing Committee for Parliament with functions and powers that will allow it to receive reports, make recommendations, order investigations and hold hearings on matters relating to intelligence and national security. The committee will also prepare and submit reports to parliament about the performance of its duties and functions.
  • Two Inspector-Generals - one each for each service - whose functions will include reviewing the activities of the intelligence services and monitoring their compliance with policy guidelines. These two persons will have unhindered access to classified information.

6.2 Coordination

In terms of the National Strategic Intelligence Bill, an interdepartmental intelligence coordinating mechanism, the National Intelligence Coordinating Committee (NICOC) will coordinate the activities of the intelligence community and will act as the key link between the intelligence community and policy-makers. NICOC will be chaired by a Coordinator for Intelligence who will be accountable to the President.

Specifically the NICOC will have the following functions:

  • to advise the government on threats or potential threats to the security of the country and its citizens;
  • to advise the government on policy relating to the conduct of intelligence at national, regional and local levels;
  • to coordinate the conduct of all intelligence functions and the collective intelligence resources of the country;
  • to coordinate the production of national strategic intelligence;
  • to report to the Cabinet Committee on Security and Intelligence (CCSI) and to the parliamentary Joint Standing Committee on Intelligence as required; and
  • to avoid and to eliminate conflict, rivalry and unhealthy competition between the members of the intelligence community.

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7. TRANSFORMING INTELLIGENCE METHODOLOGY

7.1 Training

Training is regarded as a crucial tool in developing intelligence professionals who will establish a viable and lasting new intelligence dispensation. To this effect processes are under way to restructure and to remodel the content and syllabi of the Intelligence Training Academy.

7.2 Effectiveness and standards

The building of new and organisationally competent intelligence services should be a prime goal. Efficient management structures, with farsighted, creative and organisationally uncompromising leadership will be the engine of a truly professional intelligence community.

The new professionalism must embrace the new priorities and changes in the scope and methodology of intelligence. In this regard, the intelligence community will have to interface with other institutions of society engaged in strategic research, in order to promote integrated analysis which is supportive of policy making.

7.3 Secrecy and declassification

The development of a more open intelligence community will go a long way towards demystifying and building trust in the national intelligence community. Where legal limits on secrecy, including criteria and time frames for classification and declassification are clearly understood and accepted by society, the dangers of the intelligence system becoming self-serving are averted.

7.4 Covert action

Measures designed to deliberately interfere with the normal political processes in other countries and with the internal workings of parties and organisations engaged in lawful activity within South Africa, must be expressly forbidden. Intelligence agencies or those within them guilty of such breaches must be disciplined in the severest terms.

7.5 Secret intelligence budget

Parliament will, through its audit mechanisms have access to the information it requires to determine whether budgetary allocations are warranted.

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8. EXTERNAL AND INTERNAL REALITIES FACING SOUTH AFRICA AND THE INTELLIGENCE COMMUNITY

A complex interplay of international, regional and domestic developments, of both a positive and negative nature impact on national security, and consequently the mission of the intelligence community in South Africa. The next section of this White Paper highlights the most critical of these developments.

8.1 International dimension

With the shifting international balance of forces, intense interest has shifted onto the successful South African transition. South Africa is perceived as an area of intense economic opportunity by foreign nations competing to achieve trade and industrial advantage in this regard. Notwithstanding this, with the demise of apartheid and the Cold War, new political and economic relationships of cooperation and support with various countries have become both desirable and possible.

On a more negative note, new global political, social and economic problems are filtering South Africa's borders. International extremists have forged links with their South African counterparts, whilst international drug cartels, use our country both as a transit route for their trade and as a market, thus corrupting our social system.

Lastly, there has been a dramatic increase in foreign intelligence activities in South Africa. Apart from classic political and military espionage, other activities of foreign/hostile intelligence services and industrial espionage agents have increased markedly in the economic, technological and scientific fields.

8.2 Regional dimension

Because of its relatively advantaged economic position, South Africa is regarded as a pivotal centre of development for Southern Africa and indeed, for the rest of Africa. The social and economic problems of the region will continue to affect South Africa. It can reasonably be argued that there will not be peace and stability in South Africa until conditions of peace prevail in the rest of Southern Africa. Indeed South Africa has a moral responsibility to contribute towards the development of the rest of Africa. It must define its relationship with the continent away from domination and destabilisation, towards a relationship of cooperation and mutual respect.

At the same time unrealistic expectations of South Africa must be tempered. The pressing socio-economic problems of our own country suggest that we must make these our first priority. The relationship we enter into with other African countries must be designed to promote political stability, regional security, and our mutual economic growth and development, as well as a lessening of dependence of the African continent on the countries of the North, in favour of the development of the South.

8.3 Internal dimension

Massive socio-economic degradation, with poverty, hunger, homelessness and unemployment being the order of the day, will render the political changes meaningless if they are not accompanied by a significant improvement in the quality of our people's lives. Whilst politically motivated violence is on the decline, there has been an increase in common criminal activities.

These socio-economic problems call for creativity and commitment in the implementation of the RDP. At the same time the government and society must be firm in dealing with crime and lawlessness.

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9. CONCLUSION

Our country is poised on the brink of tremendous opportunity, in which the human potential of our people can be harnessed to make South Africa a beacon of hope and success for the world.

Intelligence has a critical role to play in identifying threats, potential threats as well as opportunities for the democratic dispensation in South Africa. The transformation of the intelligence community is a process already under way, and must be encouraged so as to allow the intelligence community to play its rightful role in meeting our national goals, particularly those set out in the RDP.

Ultimately, it is through the approach to security outlined in the RDP the meeting of the basic needs of the people through development, sustained economic growth and mass participation in the building of a new South Africa - that the cherished goals of peace and stability will be reached.

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Annexure A - CODE OF CONDUCT FOR INTELLIGENCE WORKERS

In the fulfilment of their duties and professional responsibilities all members of intelligence services:

  1. Shall openly declare their loyalty to the Republic of South Africa, the Constitution and the laws of the Country.
  2. Will be loyal to their organisation and assiduously guard and protect the integrity of their profession, its methods and sources.
  3. Shall adhere to the basic principles of their profession, as well as the policies, regulations and directives of their respective services.
  4. Shall respect the norms, values and principles of a democratic society including the basic human rights of individuals.
  5. Shall strive, in the execution of their duties, to attain the highest degree of objectivity, integrity and professionalism.
  6. Shall strive to be responsible in the handling of information and intelligence, and shall at all cost prevent the wrongful disclosure of national security interests.
  7. Shall commit themselves to the promotion of mutual trust between policymakers and professional intelligence workers, as well as cooperation with all the members of the Intelligence Community.
  8. Shall commit themselves to carry out their duties without seeking personal gain or advantage by reason of the duties, facilities, funds and knowledge entrusted to them.
  9. Will conduct themselves in their personal life in a manner which will not prejudice their organisation, their profession and fellow craftsmen, or the facilities entrusted to them.
  10. Shall commit themselves to report any violations of this code through command channels to the relevant authorities.

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Annexure B - BASIC PRINCIPLES AND GUIDELINES OF NATIONAL INTELLIGENCE

1. INTRODUCTION

It is accepted that the creation of a new political dispensation in South Africa shall have to be accompanied by the process of reviewing the security system, including the role, culture, methodology and structures of intelligence.

The principles discussed in this document shall serve as a basis for the formulation of a code of conduct, legislation and the creation of a national intelligence capability in a new dispensation.

2. DEFINITIONS

In this document:

2.1 "national intelligence" means integrated intelligence that covers the broad aspects of national policy and national security of special concern to strategic decision-making at national level;

2.2 "counter-intelligence" deals with offensive and defensive activities to neutralise the effectiveness of foreign/hostile intelligence operation; to protect sensitive information; and to counter subversion, sabotage and terrorism directed against personnel, strategic installations and material;

2.3 "departmental intelligence" means the intelligence which Government departments and agencies need or generate to execute their (own) legal and functional responsibilities (in the interest of the State):

2.4 "foreign intelligence" deals with information on external threats (or potential threats) as well as opportunities relevant to the protection and promotion of national interests and which can be used in the formulation of foreign policy;

2.5 "domestic intelligence" deals with information of internal activities, factors and developments detrimental to national stability, as well as threats (or potential threats) to the constitutional order and the safety and well-being of the citizens of a country.

3. GUIDELINES ON NATIONAL SECURITY

National security should be understood in comprehensive terms to include the military, political, economic, social, technological and environmental dimensions.

National security should, therefore, besides its traditional concern with defence, violence and subversion, encompass the basic principles and core values associated with and essential to the quality of life, freedom, justice, prosperity and development. The following broad principles should underpin the activities of the intelligence community:

South Africa shall be committed to resolving internal and external conflict primarily through non-violent means.

National, social and individual security shall be sought primarily through efforts to meet the social, political, economic and cultural needs of the citizenry.

South Africa shall pursue peaceful and cooperative relations with neighbouring states in order to promote regional security, stability and development.

4. THE MISSION, PURPOSE AND FUNCTIONS OF NATIONAL INTELLIGENCE

The primary mission of national intelligence is to gather, collate, evaluate information and disseminate intelligence that pertains to the security of the state and its citizenry.

Intelligence services are required to act in the interests of the country as a whole. In this respect intelligence should enhance national security, protect and promote the interests of the state and the wellbeing of its citizens.

National intelligence functions shall include those of counter-intelligence, foreign intelligence (which includes special activities as defined by an Act of Parliament), and domestic intelligence.

Given the actual and potential moments of conflict in South Africa and the dynamic interaction with the international environment, it is suggested that the above-mentioned functions will be indispensable for government decision-making in a future South Africa.

5. BASIC PRINCIPLES AND POINTS OF DEPARTURE

The functions of intelligence in a new constitutional dispensation, in order to enhance national security in South Africa, shall be governed by the following:

5.1 The principle of national intelligence organisation

The intelligence needs and responsibilities of central government in a highly diversified and complex society require the existence of a national intelligence capability essential for effective government and decision-making. Such a service is necessary to collate, interpret and integrate national strategic intelligence as well as to recommend national intelligence priorities and to provide a balanced framework for national policy.

Irrespective of South Africa's constitutional model, a national intelligence capability needs to exist. National intelligence is a function and responsibility of central government that cannot be delegated to regional governments.

The national intelligence organisation shall uphold the principles of integrity, objectivity and credibility. Further, it shall strive at all times to be relevant to the maintenance, promotion and protection of national security. The national intelligence organisation shall be loyal to the State and the Constitution.

5.2 The principle of departmental intelligence capabilities

The necessity for departmental intelligence capabilities to support line-functional responsibilities and departmental decision-making is recognised.

Such structures will observe the legal obligations, style, character and culture of the departments they serve, but it is essential that they observe the same fundamental approach to their tasks that are applicable to the national intelligence organisation.

5.3 The principle of political neutrality

A national intelligence organisation is a national asset and shall therefore be politically non-partisan.

No intelligence or security service/organisation shall be allowed to carry out any operations or activities that are intended to undermine, promote or influence any South African political party or organisation at the expense of another by means of any acts (eg "active measures" or "covert action") or by means of disinformation.

5.4 The principle of legislative sanction, accountability and parliamentary control

The mission, function and activities shall be regulated by relevant legislation, the Bill of Rights, the Constitution and an appropriate Code of Conduct.

Intelligence work shall derive its authority from a legal framework and shall be subordinate to measures of accountability and parliamentary control.

Legislation must provide the intelligence service with the mandate to carry out their typical intelligence activities pertaining to the security, stability, well-being and interests of the State and its citizens.

5.5 The principle of the balance between transparency and secrecy

Effective intelligence, whilst requiring among others the essential component of secrecy, needs to be sensitive to the interests and values of a democratic society. In pursuance of this, a reasonable balance between secrecy and transparency needs to be found. The need for intelligence should be reconciled with fundamental civil liberties, ethical norms and democratic values of society. A system of declassification should be considered to enhance the principle of public accountability and openness.

5.6 The principle of effective management and organisation and sound administration

The flow of intelligence to the Government of the day should always be maintained. Efficiency and continuity should be constant objectives whilst making provision for transformational needs.

The compilation of a national intelligence service shall endeavour to reflect the gender and racial composition of society whilst also taking into consideration the objective criteria of merit. To this end, an affirmative action programme shall be implemented to address imbalances. Necessary security requirements shall always be a prerequisite for membership of the intelligence organisation.

Provision should be made that all recruits/appointees in an intelligence service be optimally enabled by relevant training programmes to perform their duties at the required level.

The national intelligence organisation shall ensure effective management, organisation and administration of its activities. It shall strive to promote a strong organisational culture that reflects high standards, professionalism and moral integrity. Management shall strive constantly to improve the objectivity, timeliness and accuracy of information and the quality of its intelligence estimates.

The national intelligence organisation shall strive to develop the full potential of all its members and promote the qualities of loyalty, esprit de corps, expertise, creativity, courage of conviction, adaptability and foresight.

5.7 An ethical code of conduct for intelligence work

All members of intelligence services shall be required to accept a code of conduct that governs their performance. The code of conduct should have the support of all relevant parties, be based on universally accepted democratic principles and inclusive of accepted intelligence principles, norms and practices.

5.8 Coordination of intelligence and liaison with departmental intelligence structures

A national security system should include structures and opportunities to facilitate an input by those domestic departmental intelligence/information structures as authorised by law.

A well-functioning intelligence coordinating mechanism is essential to coordinate the flow of information, priorities, duplication of resources, the audi alteram partem principle with regard to interpretation and other matters pertaining to the other functions of intelligence.

The scope and degree of coordination between a national intelligence organisation and departmental intelligence/information structures will be influenced by the constitutional arrangements of the new South African State.

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