South Africa: Vague Intelligence Law Amendments Open Door to Ongoing Abuse By State Security Agency

analysis

Inspector-General of Intelligence Imtiaz Fazel has told MPs the proposed intelligence law overhaul should strengthen oversight of South Africa's intelligence services.

Proactive lawmaking would not only include better definitions, including of intelligence and intelligence-gathering, but would also make the Inspector-General of Intelligence's (IGI's) recommendations binding, IGI Imtiaz Fazel said in Parliament on Thursday.

''In our most recent report, we made 234 findings on all the intelligence services that were accompanied by 130 recommendations. These recommendations as well as findings were subject to consultations with heads of services and the respective ministers... There is no reason the recommendations should not be implemented,'' Fazel said.

''In the absence of implementation, the oversight would become irrelevant, really.''

That matters are dire emerged in a quip from the chairperson of the General Intelligence Laws Amendment Bill (Gilab) ad hoc committee, Jerome Maake: ''All recommendations are not accepted.''

It may have been tongue in cheek, but the comment emphasised the disjunct of agreeing to something but not implementing it -- effectively just ticking boxes. That something may be recommended but not implemented highlights a failure to ensure accountability and redress, given South Africa's blanket approach to secrecy in anything related to intelligence.

The 2018 High-Level Review Panel on the State Security Agency (SSA) was sharply critical of the unnecessary levels of secrecy. This was linked to...

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