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

Chapter II : Establishment, Composition and Organisation of Agency

22. Establishment of Intelligence Council on Conditions of Service

 

 

(1) There is hereby established an Intelligence Council on Conditions of Service which consists of not more than three persons appointed on contract by the Minister, one of whom must be Chairperson.

 

(2) The persons contemplated in subsection (1) must be fit and proper persons to fulfil the functions referred to in subsection (3).

 

(3) The functions of the Council are—
(a) to make recommendations to the Minister on the development of policies on conditions of service and human resource matters;
(b) to make recommendations to the Minister on improvements of salaries and fringe benefits of members on an annual basis;
(bA) to promote measures and set standards to ensure the effective and efficient performance and implementation of policies on human resources within the Agency, and to make recommendations to the Minister;
(c) for purposes of making recommendations as contemplated in paragraphs (a), (b) and (bA)—
(i) to conduct research;
(ii) to review such policies;
(iii) to evaluate and monitor the implementation of such policies;
(iv) to invite the Director-General, the Chairpersons of the staff forum, members and any other interested party to give representations on any matter relating to the purview of its functions;
(v) to evaluate representations contemplated in subparagraph (iv);
(vi) to confer with the Public Service Commission.

 

(4) The Chairperson may co-opt the Director-General to participate in the functioning of the Council: Provided that the Director-General does not have voting powers.

 

(5) The conditions of service of the members of the Council may be determined by the Minister in accordance with the conditions of service applicable to members.

 

(6) The Council must perform its functions impartially, without bias, fear or prejudice.

 

(7) The Minister may appoint members or persons to give research, administrative, logistical and technical support to the Council.

 

(8) The Council—
(a) is accountable to the Minister; and
(b) must at the end of each financial year submit a report on its activities and findings to the Minister.

 

(9)

(a) The Minister must submit the report referred to in subsection (8)(b) to the Joint Standing Committee on Intelligence and to the Minister for the Public Service and Administration.
(b) The report must not contain confidential information that would be detrimental to national security.

 

[Section 22 and heading substituted by section 34 of Act No. 11 of 2013]