The Minister of State Security, Dr Siyabonga Cwele has told parliament that the General Intelligence Laws Amendment Bill (Gilab) is nothing but a technical bill that doesn’t make any policy changes.
Cwele said the bill was more of a consolidation bill which amalgamates previously standalone departments into a single intelligence agency, the State Security Agency. “This is part of the phase one process which started in 2009 following the Presidential Proclamation that established the State Security Agency. This bill is merely addressing such issues that are technical in nature and does not introduce policy shifts” he said.
According to the Minister, there is an on-going process of reviewing the Intelligence White Paper which will present an opportunity to review any policy changes that may be desirable. “We will introduce this process to parliament this year so that parliament can ensure that the people of South Africa participate in the creation of a new intelligence dispensation that we are seeking to create”.
The Minister dismissed assertions by the Democratic Alliance’s (DA) David Maynier that this bill ‘is taking the country back to apartheid’ through the centralisation of the intelligence services and centralisation of power in particular. “We must avoid creating wrong perceptions about this country going back to apartheid. Apartheid was a very painful experience and a lot of people died. We can never enact laws which take us back to such a period” he said.
Cwele said that all the structures that existed pre-94 were amalgamated into National Intelligence Agency (NIA). “This was part of the transitional arrangement and a lot has changed since then. The nature of transnational threats that we face today dictate that we review our architecture so that we are well positioned to secure our people and the constitutional democracy.
The Minister said that this bill will also allow for the development of regulations that will prevent any abuses with regards to the interceptions of South African’s communications outside of the law. “In the past we had two cases of such transgressions in the area of foreign signals intelligence platforms. We have to ensure that such incidents do not occur and that officials work within the provisions of the law”
The Committee will continue with its proceedings on Tuesday, 28 February 2012.
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