| (1) |
The Minister and the relevant Ministers must, from among their respective Departments, second a member or an officer to the Office as the Director: Office for Interception Centres, who will be the head of the Office. |
| (2) |
The Director may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Minister or under this Act, subject to the control and directions of the Minister. |
| (3) |
Whenever the Director is for any reason unable to exercise, perform and carry out his or her powers, functions and duties or when the secondment of a member or an officer as Director is pending, the Minister and the relevant Ministers may, from among their respective Departments, designate a member or an officer to the Office as Acting Director, to exercise the powers, perform the functions and carry out the duties of the Director. |
| (4) |
The Director will in the exercise of the powers, performance of the functions and carrying out of the duties conferred upon, assigned to or imposed upon him or her by the Minister or under this Act, be assisted, subject to his or her control and directions, by— |
| (a) |
members of the law enforcement agencies, seconded or designated to the Office for that purpose by the— |
| (i) |
National Commissioner; |
| (ii) |
Secretary for Defence; |
| (iii) |
Director-General: State Security Agency; and |
[Subparagraph (4)(a)(iii) substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
| (iv) |
[Subparagraph (4)(a)(iv) deleted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)] |
| (v) |
National Director; and |
| (b) |
officers of any other Department of State seconded to the Office, for a particular service. |
| (5) |
A member or an officer may only be seconded or designated as contemplated in this section and section 36 — |
| (a) |
in terms of the laws regulating such secondment; |
| (b) |
with his or her consent; and |
| (c) |
after a security clearance has been issued by the Agency in respect of that member or officer. |
Supreme Court Act, 1959
