Rédaction Africa Links 24 with Marianne Merten
Published on 2024-03-07 21:34:20
Minister in the Presidency Khumbudzo Ntshavheni, responsible for state security, addressed MPs on Thursday, suggesting an expansion of the definition of vetting to include identifying and detecting threats to national security. The State Security Agency (SSA) proposed adding this to the General Intelligence Laws Amendment Bill (Gilab) after receiving critical feedback during public hearings and submissions.
Acting SSA director-general Nozuko Bam emphasized the need for security vetting to extend beyond individuals with access to classified information to include “persons of national security interest.” She illustrated this by citing examples where the agency was asked to conduct vetting on individuals wanting to do business in the country or on supply chain staff to address increasing security threats.
The SSA sought additional vetting powers that would allow them to access information without restriction by any laws. This expanded vetting process would be referred to as “security competency assessment.” Lawmakers appeared satisfied with the SSA’s clarifications that security vetting was voluntary and mainly related to employment in government or state-owned entities.
Concerns about potential abuse of expanded vetting powers were raised during the Gilab public hearings. Civil society groups, including Section27, My Vote Counts, and the Helen Suzman Foundation, expressed alarm over the broad definition of “person or institution of national security interest,” fearing it could lead to invasive vetting practices and abuse of power.
In a separate development, the SSA faced criticism for its handling of proposed legislation related to bulk interception. The agency admitted to mistakenly merging bulk and domestic interceptions in the initial draft, sparking concerns about oversight and privacy violations. Plans for a new law on targeted domestic interceptions, supervised by a judge and the Inspector-General of Intelligence, were announced to address these issues.
The SSA’s approach to interceptions and their insistence on maintaining a high level of secrecy in their operations came under scrutiny. Critics highlighted the lack of transparency and accountability within the agency, despite recommendations for increased oversight and transparency in previous reports.
The High-Level Review Panel on the State Security Agency, the Prof Sandy Africa panel, and the Zondo Commission reports all criticized the agency for excessive secrecy and maladministration. However, few of the recommended reforms have been incorporated into the Gilab, with the primary focus being on separating domestic and foreign intelligence services.
The ad hoc committee is expected to finalize the Gilab and submit its report by March 15. If a vote is scheduled before the end of March, the General Intelligence Laws Amendment Bill could be passed within an unusually short timeframe of four months. The future implications of these legislative changes remain uncertain, especially in the context of national security and privacy concerns.
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