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Intelligence Services Act, 2002 (Act No. 65 of 2002)

Chapter II : Establishment, Composition and Organisation of Agency

10. Head of Agency

 

 

(1) The Director-General must, subject to the directions of the Minister and this Act, exercise command and control of the Agency.

[Subsection (1) substituted by section 22(b) of Act No. 11 of 2013]

 

(2) The Director-General may, in a prescribed manner and subject to the approval of the Minister and the provisions of this Act, issue functional directives applicable to—
(a) conditions of service and human resources of the Agency: Provided that such functional directives must be submitted to the Council for consideration; and
(b) any other matter he or she may deem expedient for the efficient command and control of the Agency.

[Subsection (2) substituted by section 22(b) of Act No. 11 of 2013]

 

(3) The Director-General may, in a prescribed manner, subject to the approval of the Minister and the provisions of this Act, issue functional directives applicable to—
(a) physical security;
(b) computer security;
(c) communication security;
(d) protection of classified information;
(e) [Paragraph (3)(e) deleted by section 9(c) of Act No. 52 of 2003]
(f) any other matter that is necessary for the intelligence and counter-intelligence functions of the Agency.

[Paragraph (3)(f) substituted by section 22(d) of Act No. 11 of 2013]

[Subsection (3) amended by section 22(c) of Act No. 11 of 2013]

 

(4) The Director-General must, as far as is reasonably practicable, take steps to ensure that—
(a) national security intelligence, intelligence collection methods, sources of information and the identity of members of the Agency, are protected from unauthorised disclosure;
(b) neither the Agency nor any of its members may, in the performance of their functions—
(i) prejudice a political party interest that is legitimate in terms of the Constitution; or
(ii) further, in a partisan manner, any interest of a political party; and
(c) the powers of the Agency are limited to what is necessary for the purposes of the discharge of its functions in terms of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), and the Secret Services Act, 1978 (Act No. 56 of 1978).

[Subsection (4) substituted by section 22(e) of Act No. 11 of 2013]

 

(5)        

(a) The Director-General must at the end of each financial year submit to the Minister a report on the activities of the Agency for the relevant financial year, that must—
(i) include information about any co-operation by the Agency with an authority of another country in planning or undertaking activities pertaining to the Agency's mandate; and
(ii) except for classified information, be publicly accessible.
(b) As soon as practicable after receipt of the report contemplated in paragraph (a), the Minister must table it in Parliament.

[Subsection (5) inserted by section 22(f) of Act No. 11 of 2013]

 

[Section 10 heading substituted by section 22(a) of Act No. 11 of 2013]