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

Chapter II : Establishment, Composition and Organisation of Agency

3. Continued existence of Agency

 

 

(1) The State Security Agency referred to in Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), and established by virtue of Proclamation No. 59 of 299, continues to exist and consists of the following persons—
(a) who became members in terms of the Intelligence Services Act, 1994 (Act No. 3538 of 1994), whose names appear on the personnel list;
(b) appointed as members in terms of the Intelligence Services Act, 1994, after its commencement;
(c) appointed as members in terms of this Act after its commencement.

[Subsection (1) substituted by section 15(b) of Act No. 11 of 2013]

 

(1A) The following government components listed in Part A of Schedule 3 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), as that Part read immediately prior to the commencement of the General Intelligence Laws Amendment Act, 2013, are hereby absorbed into and make up the State Security Agency:
(a) Electronic Communications Security (Pty) Ltd;
(b) the South African National Academy of Intelligence;
(c) the National Intelligence Agency; and
(d) the South African Secret Service.

[Subsection (1A) inserted by section 15(c) of Act No. 11 of 2013]

 

(2) A former member of a non-statutory service may apply to have his or her years of service in a non-statutory service recognised for purposes of pension benefits, subject to the provisions of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996), if he or she became a member of the Agency or the Service between 1 January 1995 and 31 March 2004.

 

(3)        

(a) The President must appoint a Director-General for the Agency.
(b) The Director-General is the head and accounting officer of the Agency.

[Subsection (3) substituted by section 15(d) of Act No. 11 of 2013]

 

[Section 3 heading amended by section 15(a) of Act No. 11 of 2013]