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The General Intelligence Laws Amendment Bill, 2019: Notice of intention to introduce a Private Member’s Bill into Parliament and invitation for public comment thereon

4 No. 42263 GOVERNMENT GAZETTE 28 FEBRUARY 2019 General notices alGemene KennisGewinGs Parliament of the Republic of South Africa/ Parlement van die Republiek van Suid-Afrika PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA NOTICE 112 OF 2019 112 The General Intelligence Laws Amendment Bill 2019  Notice of intention to introduce a Private Member s Bill into Parliament and invitation for public comment thereon 42263 JOHN STEENHUISEN MP GENERAL INTELLIGENCE LAWS AMENDMENT BILL 2019 NOTICE OF INTENTION TO INTRODUCE THE GENERAL INTELLIGENCE LAWS AMENDMENT BILL 2019 A PRIVATE MEMBER S BILL INTO PARLIAMENT AND INVITATION FOR PUBLIC COMMENT Mr John Steenhuisen MP acting in accordance with section 75 of the Constitution of the Republic of South Africa 1996 intends to introduce the General Intelligence Laws Amendment Bill 2019 in Parliament during the first quarter of 2019. An explanatory summary of the Bill is hereby published in accordance with Rule 276 1 c of the Rules of the National Assembly 9th Edition . Intelligence-related legislation contain several legislative lacunas that can readily be manipulated or abused by elements of the State Security Agency SSA . If these lacunae are combined with certain shortcomings in the Regulation of Interception of Communications and Provision of Communication-Related Information Act 2002 Act No. 70 of 2002 RICA such abuse actively threatens and imposes on the privacy of all South Africans. The processes regulating the authorisation of interception are further rife for abuse and misrepresentation and must be addressed to ensure a process that is fair and limited only to those instances where interception cannot be avoided. This Bill seeks to clarify the application of certain aspects of the National Strategic Intelligence Act 1994 Act No. 39 of 1994 by regulating the collection of signals intelligence limiting the functions of the SSA and regulating the sharing of collected information. It will further seek to amend RICA to broaden the reporting obligation of the designated judge and various government role-players in their authorisation and use of interception as the case may be. It further seeks to allow for the appointment of at least three designated judges to deal with interception applications while requiring that an approach be followed that such applications should not be granted unless compelling reasons exist that it should. Lastly the Bill seeks to prescribe a procedure by which the Director-General of the SSA is appointed which will require the nomination and vetting of candidates that form part of the shortlist for the position with all shortlisted candidates being scrutinised by an ad hoc This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT 28 FEBRUARIE 2019 No. 42263 5 parliamentary selection committee. The President will retain the constitutional authority to appoint a candidate. This Bill seeks to amend the National Strategic Intelligence Act 1994 to provide that  The interception of communication may only be undertaken as a method of last resort Cooperation of the Agency with foreign entities be limited to specific jurisdictional limitations The Agency only be permitted to collect signals intelligence in specific circumstances The Agency may only disseminate information collected incidentally with other State authorities if so permitted by a designated judge or in a closed list of circumstances Any Agency official who fails to comply with the prescribed authorisation procedures be guilty of an offence. This Bill further seeks to amend the Intelligence Services Act 2002 to provide for  The updating of this Act regarding which government components make up the State Security Agency The nomination and consideration of candidates for the position of Director-General for the Agency with the objective of providing a list of candidates for consideration by the President in making such appointment. This Bill seeks to amend the Regulation of Interception of Communications and Provision of Communication-related Information Act 2002 to provide for  The inclusion and alignment of certain crucial definitions Annual judicial reporting by the designated judge to Parliament on interception requests A judicial presumption against the granting of interception requests by the designated judge Annual reporting by government departments to Parliament on interception requests The limitation of an electronic communications service provider s liability in instances where it discloses information in accordance with the Act The compulsory disclosure by an electronic communications service provider to a customer of interception requests made in respect of that customer A minimum of three designated judges be appointed by the Minister. This gazette is also available free online at www.gpwonline.co.za 6 No. 42263 GOVERNMENT GAZETTE 28 FEBRUARY 2019 The Bill will be available on the website of the Democratic Alliance https //www.da.org.za/ once it has been certified by the Chief Parliamentary Legal Adviser or a parliamentary legal advisor designated by him or her as required by Rule 279 4 of the Rules of the National Assembly 9th Edition . It may also after introduction be obtained from  The Democratic Alliance PO Box 15 Cape Town 8000 Attention  Mr Marius Victor / Ms Emma Powell Telephone  021 403 3516 Facsimile  021 466 8394 E-mail  mariusv@da.org.za / emmap@da.org.za Interested parties and institutions are invited to submit written representations on the proposed content of the draft bill to the Speaker of the National Assembly within 30 days of the publication of this notice. Representations can be delivered to the Speaker New Assembly Building Parliament Street Cape Town mailed to the Speaker P O Box 15 Cape Town 8000 or e-mailed to speaker@parliament.gov.za and copied to mariusv@da.org.za. This gazette is also available free online at www.gpwonline.co.za 