The Inspector-General of Intelligence Imtiaz Fazel says he wants the investigation findings and recommendations from his office to be legally binding. He says over 300 of their findings against the three intelligence services were ignored in the 2022/23 financial year. Fazel was making proposals to include in the General Intelligence Laws Amendment Bill currently before Parliament.
The bill that is currently before Parliament aims to overhaul the intelligence services. It came about as part of the recommendations of the Commission of Inquiry into State Capture. It is set to primarily unbundle intelligence services to have a domestic and foreign intelligence agency.
It also wants to provide checks and balances to prevent abuse by intelligence services. The Inspector-General of Intelligence has recommended legally binding powers for his regulatory oversight body.
“We found that in our most recent report we made 234 findings on all the intelligence services that were accompanied by 130 recommendations and these recommendations and findings were subject to consultation with the heads of services and the respective ministers. So, there was a consensus on the finding as well as the recommendation so there’s no reason why the recommendations should not be implemented. In the absence of implementation their oversight would become irrelevant, so we are proposing the binding nature of the recommendations,” says Fazel.
The Inspector-General (IG) says the office continues to be subservient to the intelligence services. It relies on the State Security Agency for its financial and administrative functions, the very institution it is meant to have oversight over. The IG has made further recommendations on the autonomy of this office.
“Once the budget has been received by the Inspector-General, the Inspector-General is the accounting authority of that budget and this is still a minister of the relevant department who is the executive authority. What it does, it creates a mini department within a department with full institutional autonomy with its own accounting officer,” Fazel added.
The Inspector-General has also questioned proposals in the bill that appear to give arresting powers to intelligence agencies.
“Clause two provides that members of intelligence services shall impede and apprehend members suspected contravention of this act and related regulations and hand them to law enforcement agencies. So, what we are asking chairperson, apprehend confers the powers of arrest so it’s unclear whether intelligence members have been given the powers of arrest,” Fazel elaborates.
Meanwhile, the South African Police Service says it should be compulsory for anyone recommended for appointment in any organ of state, to be vetted instead of it being discretionary under this bill.
