President Cyril Ramaphosa has signed into law the General Intelligence Laws Amendment Bill, introducing major reforms to South Africa’s intelligence services.
Vincent Magwenya, the Presidency spokesperson, said the new amendment Act aims to strengthen oversight and accountability within the intelligence sector.
The amendment updates three key laws, including the National Strategic Intelligence Act of 1994, the Intelligence Services Act of 2002, and the Intelligence Services Oversight Act of 1994.
Act disestablishes the current State Security Agency
“Among other reforms, the Amendment Act disestablishes the current State Security Agency as a national government department and replaces it with two separate departments,” said Magwenya.
It will be separated into the Foreign Intelligence Service (FIS) and the Domestic Intelligence Agency (DIA).
Magwenya explained that the FIS will handle foreign intelligence gathering to identify both opportunities and threats to national security. The DIA will focus on counter-intelligence and gathering intelligence within South Africa to address security threats.
Re-establishment of the SA National Academy of Intelligence
Another change introduced is the re-establishment of the South African National Academy of Intelligence (SANAI) and the Intelligence Training Institute.
He said these institutions will be responsible for training intelligence personnel for both domestic and foreign operations.
“The wide-ranging amendments constitute implementation of the recommendations of the 2018 Presidential High-Level Review Panel on the State Security Agency (SSA) and of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector (the Zondo Commission),” said Magwenya.
The new law also introduces stricter measures on the bulk interception of internet traffic by intelligence agencies.
Stricter measures on internet traffic
These measures include internal authorisation processes and court reviews to regulate the practice.
In terms of oversight, the law ensures that the financial management and operations of intelligence entities fall under the Joint Standing Committee on Intelligence.
This committee, which includes members from different political parties, will handle public complaints and oversee the use of funds within the intelligence sector.
Furthermore, the amendments grant more independence to the Inspector-General of Intelligence and the National Intelligence Coordinating Committee (NICOC) in making administrative and functional decisions.