| (1) |
No person may be appointed as a member unless— |
[Paragraph (1)(a) substituted by section 26(b) of Act No. 11 of 2013]
| (b) |
the Director-General, after evaluating the gathered information, is of the reasonable opinion that such a person may be appointed as a member without the possibility of such a person being a security risk or acting in any way prejudicial to the security interests of the Republic. |
| (2) |
In order to gather the information contemplated in subsection (1)(a), the Agency may, in a prescribed manner, have access to— |
| (c) |
personal information: and |
| (d) |
any other information which is relevant to determine the security clearance of the person: |
Provided that where the gathering of information contemplated in paragraphs (c) and (d) requires the interception and monitoring of the communication of such a person, the Agency must perform this function in accordance with the provisions of the Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002).
[Subsection (2) substituted by section 26(c) and (d) of Act No. 11 of 2013]
| (3) |
The Director-General may, in a prescribed manner, engage the services of a polygraphist to determine the reliability of the information gathered. |
| (4) |
The Director-General may, in the prescribed manner, issue directives on— |
| (b) |
the level of security clearance; and |
| (5) |
The Director-General may, after evaluating the information gathered as contemplated in subsection (1)(b), issue, degrade, withdraw or refuse to grant a security clearance certificate. |
| (6) |
Notwithstanding the provisions of subsection (5), if the Minister is of the reasonable opinion that a person may be appointed as a member without the possibility that such person might be a security risk or might act in a way prejudicial to security interests of the Republic, he or she may issue a document with respect to such a person in which it is stipulated that such a person may be appointed as member without the possibility that such person could be a security risk or could possibly act in any manner prejudicial to the security interests of the Republic, pending the outcome of the vetting investigations. |
[Subsection (6) substituted by section 26(e) of Act No. 11 of 2013]
| (7) |
If the certificate referred to in subsection (5) is withdrawn, the member concerned is deemed unfit for further membership of the Agency, and the Minister may— |
| (a) |
discharge such person or member from the Agency; or |
[Paragraph (7)(a) substituted by section 26(g) of Act No. 11 of 2013]
| (b) |
with the approval of the Minister responsible for the department in question, transfer such person or member to that department subject to any law governing the transfer. |
[Subsection (7) amended by section 26(f) of Act No. 11 of 2013]
(8)
| (a) |
A person whose security clearance has been degraded, withdrawn or refused by the Director-General may, in the prescribed manner, appeal to the Minister. |
[Paragraph (a) substituted by section 12(c) of Act No. 52 of 2003]
| (i) |
be lodged within 60 days from the date on which the decision was made known by the Director-General or such later date as the Minister permits; and |
| (ii) |
set out the grounds for the appeal. |
| (c) |
After considering the grounds of appeal and the Director-General’s reasons for the decision, the Minister must as soon as practicable— |
| (i) |
confirm, set aside or vary the decision; or |
| (ii) |
substitute any other decision for the decision of the Director-General. |
| (9) |
On intervals prescribed by the Minister, a member may be subjected to a vetting investigation to determine his or her security competence to remain in the Agency. |
[Subsection (9) substituted by section 26(h) of Act No. 11 of 2013]
| (10) |
All the provisions regarding vetting investigations, applicable to a person contemplated in subsection (1), applies to the vetting of a member contemplated in subsection (9). |
[Subsection (10) substituted by section 262(h) of Act No. 11 of 2013]
| (11) |
The Minister may, in a prescribed manner, for the purposes of any appeal lodged in terms of this Act, establish a panel of appeal to assist him or her to consider any such appeal. |
[Subsection (11) inserted by section 12(e) of Act No. 52 of 2003]
[Section 14 heading substituted by section 26(a) of Act No. 11 of 2013]
Intellectual Property Rights from Publicly Financed Research and
