National Strategic Intelligence Act, 1994 (Act No. 39 of 1994)

1. Definitions

Purchase

In this Act, unless the context otherwise indicates—

"Agency"

means the State Security Agency as referred to in section 3(1) of the Intelligence Services Act, 2002 (Act No. 65 of 2002);

[Definition substituted by section 1(a) of Act No. 11 of 2013]

"Cabinet"

means the Cabinet of the Republic of South Africa referred to in section 91(1) of the Constitution;

[Definition substituted by section 1(b) of Act No. 37 of 1998]

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

[Definition substituted by section 1(c) of Act No. 37 of 1998]

"Co-ordinator for Intelligence"

[Definition deleted by section 1(d) of Act No. 37 of 1998]

"counter-intelligence"

means measures and activities conducted, instituted or taken to impede and to neutralise the effectiveness of foreign or hostile intelligence operations, to protect intelligence and any classified information, to conduct vetting investigations and to counter any threat or potential threat to national security;

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

"covert collection"

means the acquisition of information which cannot be obtained by overt means and for which complete and continuous secrecy is a requirement;

"crime intelligence"

means intelligence used in the prevention of crime or to conduct criminal investigations and to prepare evidence for the purpose of law enforcement and the prosecution of offenders;

"departmental intelligence"

means intelligence on any threat or potential threat to national security which falls within the functions of a department of State, and includes intelligence needed by such department in order to neutralise such a threat;

[Definition substituted by section 1(c) of Act No. 11 of 2013]

"domestic intelligence"

means intelligence on any internal threat or potential threat to national security;

[Definition substituted by section 1(d) of Act No. 11 of 2013]

"domestic military intelligence"

means intelligence required for the planning and conduct of military operations within the Republic to ensure security and stability for its people;

"evaluate"

means the process of determining and assessing whether or not information is possibly correct, probably correct or factually correct;

"foreign intelligence"

means intelligence on any external threat or potential threat to the national interests of the Republic and its people, and intelligence regarding opportunities relevant to the protection and promotion of such national interests irrespective of whether or not it can be used in the formulation of the foreign policy of the Republic;

"foreign military intelligence"

means intelligence regarding the war potential and military establishment of foreign countries (including their capabilities, intentions, strategies and tactics) which can be used by the Republic in the planning of its military forces in time of peace and for the conduct of military operations in time of war;

"intelligence"

means any information obtained and processed by a National Intelligence Structure for the purposes of informing any government decision or policy-making process carried out in order to protect or advance the national security, and includes—

(a)	counter-intelligence;

(b)	crime intelligences;

(c)	departmental intelligences;

(d)	domestic intelligence;

(e)	domestic military intelligence;

(f)	foreign intelligence;

(g) foreign military intelligence;

[Definition inserted by section 1(e) of Act No. 11 of 2013]

"Minister"

means the President or the member of Cabinet designated by the President to assume the responsibility for intelligence services as contemplated in section 209(2) of the Constitution;

[Definition inserted by section 1(e) of Act No. 37 of 1998]

"national intelligence estimate"

means the product of the process of considering and weighing the possibilities, probabilities and facts disclosed by national security intelligence with regard to any situation, and of drawing conclusions from such possibilities, probabilities and facts;

"National Intelligence Structures"

means—

(a)

Nicoc;

(b)	the intelligence division of the National Defence Force, established under the Defence Act, 2002 (Act No. 42 of 2002);

[Paragraph (b) substituted by section 1(c) of Act No. 52 of 2003]

(c)	the intelligence division of the South African Police Service; and

[Paragraph (c) substituted by section 1(f) of Act No. 37 of 1998]

(d)	the Agency;

(e)	[Paragraph (e) deleted by section 1(f) of Act No. 11 of 2013]

"national security"

includes the protection of the people of the Republic and the territorial integrity of the Republic against—

(a)	the threat of use of force or the use of force;

(b)	the following acts:

(i)	Hostile acts of foreign intervention directed at undermining the constitutional order of the Republic;

(ii)	terrorism or terrorist-related activities;

(iii)

espionage;

(iv)	exposure of a state security matter with the intention of undermining the constitutional order of the Republic;

(v)	exposure of economic, scientific or technological secrets vital to the Republic;

(vi)	sabotage; and

(vii)

serious violence directed at overthrowing the constitutional order of the Republic;

(c)

acts directed at undermining the capacity of the Republic to respond to the use of, or the threat of the use of, force and carrying out of the Republic's responsibilities to any foreign country and international organisation in relation to any of the matters referred to in this definition, whether directed from, or committed within the Republic or not,

but does not include lawful political activity, advocacy, protest or dissent;

[Definition inserted by section 1(g) of Act No. 11 of 2013]

"national security intelligence"

means intelligence which relates to or may be relevant to the assessment of any threat or potential threat to the security of the Republic in any field;

"national strategic intelligence"

means comprehensive, integrated and estimative intelligence on all the current and long-term aspects of national security which are of special concern to strategic decision-making and the formulation and implementation of policy and strategy at national level;

"Nicoc"

means the National Intelligence Co-ordinating Committee established by section 4;

"prescribed"

means prescribed by regulation;

[Definition inserted by section 24 of Act No. 66 of 2000]

"regulation"

means a regulation made under this Act;

"relevant members of the National Intelligence Structures"

means—

(a)	the intelligence division of the National Defence Force;

(b)	the intelligence division of the South African Police Service;

(c)	the Agency;

(d)	[Paragraph (d) deleted by section 1(h) of Act No. 11 of 2013]

"security competence"

means a person's ability to act in such a manner that he or she does not cause classified information or material to fall into unauthorised hands, thereby harming or endangering the security or interests of the State, and is measured against a person's—

(a)	susceptibility to extortion or blackmail;

(b)	amenability to bribes and susceptibility to being compromised due to his or her behaviour; and

(c)	loyalty to the State and the relevant institution;

[Definition inserted by section 1(i) of Act No. 11 of 2013]

"Service"

[Definition deleted by section 1(j) of Act No. 11 of 2013]

"South African Police Service"

means the South African Police Service established by section 5(1) of the South African Police Service Act, 1995 (Act No. 68 of 1995);

[Definition substituted by section 1(g) of Act No. 37 of 1998]

"state security matter"

includes any matter which has been classified in terms of any national law and which is dealt with by the Agency or which relates to the functions of the Agency or to the relationship existing between any person and the Agency'

[Definition inserted by section 1(k) of Act No. 11 of 2013]

"subversion"

means any activity intended to destroy or undermine the constitutionally established system of government in the Republic of South Africa;

[Definition inserted by section 1(c) of Act No. 67 of 2002]

"terrorist and related activities"

means terrorist and related activities as defined in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004);