Deputy Minister Ellen Molekane: Role of State Security Agency

Vice Chancellor Rensburg Professor Landsberg
Members of the university staff,
Members of the organised student formations, Students of the University of Johannesburg, Ladies and Gentlemen
Good morning

Introduction

It is indeed a privilege and honour to be invited to address you on what many consider to be a controversial institution and a controversial subject, namely “The role of the State Security Agency and why it should be a first career choice for graduates”. The fact that I am standing here today to address you on this subject, as Deputy Minister of State Security, as a woman, and at this University – previously known as Rand Afrikaanse Universiteit vir Christelike Hoer Onderig, at the time a bastion of grand Apartheid – speaks volumes of how far we have come in the democratisation and normalisation of our country.

The role of intelligence under the Apartheid Regime

Before I come to the main focus of this talk, allow me for a moment to speak about where we come from so that we can locate our current intelligence dispensation in its proper social and political context in order to avoid creating an impression of a present-day intelligence dispensation that is a-historical and a-social. As we all know – or as some of you may not know because many of you were not born then – prior to 1994 the national security structures of South Africa such as the Bureau for State Security (better known as BOSS), the National Intelligence Service (NIS), the South African Defence Force‟s (SADF) Military Intelligence Division and its front structures such as the Civil Co-operation Bureau (CCB), and the South African Police‟s Security Branch served the primary purpose of maintaining white minority rule at all costs. This was the time of Voster, of Die Groot Krokodil, of Malan, Vlok and De Kock, and the State Security Council, amongst others. It was a time when torture and death of those who opposed the apartheid regime were common place; some prominent names which come to light are those of Steve Biko, Neil Agget, Solomon Mahlangu, Stanza Bopape, Ashley Kriel, Colleen Williams, The Cradock Four, The PEBCO Three, and many more. It was the time of mass detentions and the instigation of violence in townships, on trains, and the massacre of thousands of people particularly in KwaZulu/Natal, the former PWV Region (now Gauteng) and the Eastern Cape, by the state security apparatus known as the so-called Third Force.

During that time, the concept of human rights was non-existent. These institutions were highly patriarchal where men were in charge and the women who were part of it mainly occupied lower ranked jobs such as secretaries and data capturers. These were institutions that did not rely much on sophisticated analyses and theoretical perspectives, as it was often sufficient to obtain convictions through the extraction of

confessions through torture, the planting of evidence, the blackmailing of opponents, and the so-called permanent removal of individuals from society.

The counterbalance to that situation however is the fact that the liberation movements such as the ANC, PAC and AZAPO developed their own security structures, partly to weed out enemy agents within its ranks and partly to execute its own sabotage operations and to gather intelligence on the enemy. Of-course these liberation movements had no difficulties to recruit soldiers and intelligence officers into its ranks because the levels of violence and repression caused thousands of youths like yourselves to join the liberation movements. These men and women worked both inside and outside our country.

The transition to democracy

Programme Director,

I would however present a very biased view of our history if I do not acknowledge that on both sides of the political divide there were far sighted men and women who realised the inevitability of having to negotiate a peaceful transition to a democratic dispensation. This realisation had come about by the fact that during the 1980‟s we had reached a stalemate and that the continuation of this conflict would result in both sides turning this beautiful country of ours into a wasteland which we would bequeath to our children and grandchildren. It is therefore during this period that the intelligence structure of the African National Congress and that of the State, through the then National Intelligence Service (NIS) initiated talks that paved the way for the unfolding of a political process that amongst others resulted in the unbanning of all the liberation movements, the release of former President Mandela and other political prisoners, the commencement of negotiations through the Convention for a Democratic South Africa (CODESA), the development of a new Constitution for the Republic of South Africa, the establishment of the Transitional Executive Council (TEC), the establishment of the Truth and Reconciliation Commission, and the holding of the first democratic election in 1994 which gave birth to the first democratically elected government in South Africa which is based on the will of the people.

The role of intelligence in a democratic constitutional dispensation

Let me now come to the role of intelligence in a democratic constitutional dispensation. The primary role of the State Security Agency and the rest of the national intelligence structures is to uphold the constitutional order and the rule of law in order for all of us to exercise our rights as enshrined in the Bill of Rights and to preserve our collective way of life as South Africans. In this regard, the Preamble of our Constitution enjoins us to attend to four tasks. These are to: I Quote

1. “Heal the division of the past and establish a society based on democratic values, social justice and fundamental human rights;
2. Lay the foundation for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
3. Improve the quality of life of all citizens and free the potential of each person; and
4. Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations”. Close quote

As an institution of the democratic state, the State Security Agency and the rest of the national intelligence structures have to work towards the achievement of these objectives. I would like to draw our attention to three matters; first, the governing principles of national security as reflected in the Constitution; second, the establishment of the national intelligence structures; and third, the matter of professionalism and political neutrality in the functioning of the intelligence structures. With regards to the first matter, section 198 of Chapter 11 of the Constitution indicates the following in relation to the principles that should govern the maintenance of national security: I Quote

“The following principles govern national security in the Republic:

(a) National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life.
(b) The resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally or internationally, except as provided for in terms of the Constitution or national legislation.
(c) National security must be pursued in compliance with the law, including international law.
(d) National security is subject to the authority of Parliament and the national executive.” Close quote
What this section of the Constitution does is to clarify that unlike in the old days of Apartheid the national intelligence structures shall foster the peaceful coexistence of all South Africans, and that it shall be subject to the rule of law and the oversight of Parliament as the democratically elected representative institution of the people of South Africa.

In relation to the establishment, structuring and conduct of the national security structures Section 199 of the constitution makes the following important points:

I Quote

(1) “The security services of the Republic consist of a single defence force, a single police service and any intelligence services established in terms of the Constitution.
(2) The defence force is the only lawful military force in the Republic.
(3) Other than the security services established in terms of the Constitution, armed organisations or services may be established only in terms of national legislation.
(4) The security services must be structured and regulated by national legislation.
(5) The security services must act, and must teach and require their members to act, in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic.
(6) No member of any security service may obey a manifestly illegal order.
(7) Neither the security services, nor any of their members, may, in the performance of their functions
(a) prejudice a political party interest that is legitimate in terms of the Constitution; or
(b) further, in a partisan manner, any interest of a political party.
(8) To give effect to the principles of transparency and accountability, multi-party parliamentary committees must have oversight of all security services in a manner determined by national legislation or the rules and orders of Parliament.”
The sections which I had just indicated deals with the second and third aspect referred to above, namely the establishment and the professionalism of the national security structures. Close quote

Intelligence Doctrine

Programme Director,

Having just indicated what the foundation of the democratic intelligence dispensation is, I would like to also say a word or two about our intelligence doctrine as described in the White Paper on intelligence. This latter document describes the Mission of intelligence as follows:

  • “The safeguarding of the Constitution
  • Upholding of Fundamental Rights
  • Promotion of security, stability, cooperation & development, in RSA & Southern Africa
  • Achievement of national prosperity & contributing to global peace & other globally defined priorities
  • Promotion of RSA’s ability to face foreign threats & enhance competitiveness in a dynamic world.”

In addition to this, the White Paper describes our security doctrine in the following manner: I Quote

  • “Security is a holistic phenomenon and incorporates political, social, economic & environmental issues
  • Security objectives 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.” Close quote

What is evident by now is the fact that the maintenance of national security in general and the conduct of intelligence work, in particular, is not the cold war era cloak and dagger myth which is continuously advanced by the popular media.
In fact, the characters in most of the popular movies are an affront to the intelligence profession. What is clear from the Constitution and the White Paper on Intelligence is that intelligence in a democratic dispensation is a noble profession. In this regard, the White Paper on Intelligence describes intelligence officers as the “guardians of peace, democracy and the constitution” who have to provide government with:

  • “…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.”

Our understanding of our mandate

From the points made so far, it is evident that the approach espoused in our national security policy is that of human security as opposed to the narrow militaristic and state centric approach to security which prevailed before 1994. Our understanding is also that in the maintenance of national security, the State has specific obligations. First, it has an obligation to ensure its territorial integrity in order to ensure its people‟s survival against threats from external decline or subjugation. The state must therefore ensure that it has security capacities which have the capability to warn of impending external danger and a Defence Force which is combat ready with the capability to repel any such external threat. At the same time, the state should also take the requisite steps and have the capability to effectively regulate the movement of people and goods across its borders.

Secondly, the state has to take steps to ensure the protection of its own national integrity by creating adequate capacity to ensure the integrity of its information systems, business processes, personnel and its physical environment that would allow it to act independently as a national, regional, continental and global role- player. The need to ensure the internal integrity of the state should however be located within the perspective of the broader obligations of the state so that those charged with the internal security of the state understand the importance of how their work contribute to the maintenance of broader human security.

Thirdly, the State has an obligation to ensure the security of the individual and society through ensuring that the rule of law is upheld. The state therefore has to give effect to the right to life, the security of private and public property, the independence of the judiciary and the protection of the rights of all citizens, including our collective way of life as fellow South Africans.

Fourthly, and most importantly, the state has to take all necessary measures to ensure national prosperity through the development of the national economy, ensuring employment and income security, ensuring an adequate social security system for all citizens, inclusive of adequate education, health care, and so forth.

Programme Director,

The fulfilment of all these obligations by the State, is what we mean when we speak about “National Security”, and the processes that all State institutions engage in to give effect to these obligations of the State is what we refer to as „the maintenance on National Security‟. National Security therefore refers to three freedoms namely, freedom from external threat, and what we refer to as freedom from fear, and freedom  from  want.  The  maintenance  of  national  security  is  therefore  the

responsibility of all of us in government, in our communities and that of individuals like yourselves.

Where do we work as intelligence officer?

There is an old saying that the work of intelligence is like a contraceptive; when it works no-one sees anything and life goes on as normal, but when it fails it is there for everyone to see. So in order to make sure that we avoid intelligence failures we work both inside and outside of our borders in compliance with the priorities of Government‟s programme of action as contained in the Medium-Term  Strategic Framework, or what we commonly refer to as the MTSF. Outcome 3 of the MTSF requires that we ensure that “All South Africans are and feel safe”. This means that we have to focus our attention on domestic threats to our national security. Such threats involves organised crime, corruption, extremism, the deliberate instigation of social and political instability and violence as is often seen by violent service delivery protests and violent strike action, the manipulation of political processes, espionage, the unauthorised accessing of our national databases, etc.

These threats require that we work within communities as well as with various civil society formations. Such a relationship with communities and community organisations has to be based on a relationship of trust so that communities feel confident to report threats to safety and national cohesion. At the same time addressing threats to our domestic security also requires that we work closely with all other state institutions and private sector institutions, where the latter may be relevant. Our work on security threats which emanate from within our borders is managed by the Domestic Branch of the State Security Agency, which has and organisational presence in all our provinces. I therefore wish to urge all of you not to be shy to report instances of criminality, corruption, or any matter that you experience as a threat to the security of your community. Such information or tip-offs can be anonymously provided by calling the following telephone number (012) 427- 4903 or by sending us an e-mail to the following e-mail address noc@ssa.gov.za. For more details you can also visit our internet website.

Outcome 11 of the MTSF requires that the State Security Agency also contribute to the creation of a better and safer Africa in a better world. In order to give effect to this responsibility we have a global organisational presence with representation in more than fifty countries.

Our international work is managed by our Foreign Branch which also provides organisational and intelligence support to, amongst others the Department of International Relations and Co-operation (DIRCO) in matters such as peace keeping, post-conflict reconstruction and development work, conflict mediation, etc.

What skills are required for intelligence works?

One of the imperatives of national security is that we must develop a capable state at all levels, which have the capacity to attend to the demands of national security effectively. Given the diverse nature of threats as mentioned earlier the State Security Agency offers diverse career opportunities. You as budding political scientists may find it interesting to work in a dynamic analytical environment where you would be able to specialise on topics ranging from social stability, regional and continental policy and security matters, to the global economy and the  social, political and security consequences which often result from the global economy. Some of you may find it more exciting to work in the intelligence collection or counter intelligence environments. In addition to this, we provide specialised training on a number of intelligence gathering disciplines such as surveillance for example.

The world of intelligence is a dynamic and exciting world. It is a world where we work quietly without seeking personal glory so that we all experience everyday as a normal day in which all citizens can enjoy the rights and privileges which our Constitution affords us. We require all personality types and welcome everyone from all cultural backgrounds because we firmly believe it is our diversity that enables us

to make better sense of the threats to our national security and which allows us to provide appropriate advice to government on the best possible way to respond to potential crises. Take a good look at the person next to you, in front and at the back of you. I hope that you would be able to meet those individuals in the near future in our cadet programme through which we train the future generations of intelligence officers.

Conclusion

In conclusion, I hope that I had been able to provide you with better insight into the issues which the democratic intelligence dispensation is preoccupied with, as opposed to the myths which are often propagated about us. I also hope that I was able to provide you with a sense of the ethos with which our members execute their responsibilities as the guardians of the constitution and democracy. Most of all, I hope that I have lit a spark inside of you to become part of those brave and hard working men and women who put the security of our country, our people and the security of the broader humanity first.

Thank you.

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