Defence Act, 2002 (Act No. 42 of 2002)Chapter 6 : Defence Intelligence37. Determination of security classification of members and employees |
| 1) | The Minister may prescribe— |
| a) | different grades of security clearance to be issued by the Intelligence Division for various categories of members and employees, and employees of the Armaments Development and Production Corporation of South Africa, Limited; |
| b) | the requirements which must be met before any such grade of security clearance may be issued; and |
| c) | any circumstance, act, conduct or behaviour which disqualifies any such member or employee from being accorded a specific grade of security clearance. |
| 2) | A member or employee contemplated in subsection (1)(a) may not be enrolled, appointed or promoted, receive a commission or be retained as a member or employee, unless such member or employee has been issued with the appropriate or provisional grade of security clearance by the Intelligence Division. |
| 3) | No member or employee contemplated in subsection (1)(a) may claim an automatic right by virtue of enrolment, appointment, promotion, receipt of commission or retention to obtain, retain or be issued with a security clearance or any grade of security clearance. |
| 4) | The Intelligence Division must on the instruction of the Secretary for Defence determine whether any security clearance or a specific grade of security clearance should be issued to any member or employee contemplated in subsection (1)(a). |
| 5) | The grade of security clearance issued to a member or employee in terms of subsection (4)— |
| a) | must be specified in a certificate, issued by the Secretary for Defence on the recommendation of the Chief of the Defence Intelligence Division or an officer authorised by him or her, which certificate shall be prima facie proof of the grade of security clearance so issued; |
| b) | remains in force until the next determination is made under subsection (4) or until the clearance lapses or is downgraded or withdrawn in terms of this Act; and |
| c) | is subject to periodic revision by the Intelligence Division at such times or intervals as the Secretary for Defence may determine. |