Intelligence Services Oversight Act, 1994 (Act No. 40 of 1994)

1. Definitions

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In this Act, unless the context otherwise indicates—

 

"Academy"

[Definition deleted by section 8(a) of Act No. 11 of 2013]

 

"accounting officer"

means the Head of a Service;

 

"Agency"

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

[Definition substituted by section 8(b) of Act No. 11 of 2013]

 

"Auditor-General"

means the Auditor-General referred to in section 188 of the Constitution;

[Definition substituted by section 1(a) of Act No. 42 of 1999]

 

"CEO"

[Definition deleted by section 8(c) of Act No. 11 of 2013]

 

"chairperson"

means the person appointed under section 2(4)(b) as chairperson of the Committee;

 

"Commission"

[Definition deleted by section 1(a) of Act No. 31 of 1995]

 

"Committee"

means the Joint Standing Committee on Intelligence established by section 2;

[Definition substituted by section 1(b) of Act No. 31 of 1995]

 

"Comsec"

[Definition deleted by section 8(d) of Act No. 11 of 2013]

 

"Constitution"

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

[Definition substituted by section 1(b) of Act No. 42 of 1999]

 

"counter-intelligence"

means counter-intelligence as defined in section 1 of the National Strategic Intelligence Act, 1994;

 

"Director"

means Director as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act 70 of 2002);

[Definition inserted by section 3(a) of Act No. 52 of 2003]

 

"Evaluation Committee"

means the Secret Services Evaluation Committee established by section 2 of the Secret Services Act, 1978 (Act No. 56 of 1978);

 

"Head of a Service"

means the Director-General of the Agency, the head of the Intelligence Division of the National Defence Force or the head of the Intelligence Division of the South African Police Service, but for the purposes of financial and administrative accounting, the head of the Intelligence Division of the South African National Defence Force means the Secretary for Defence and of the South African Police Service means the National Commissioner;

[Definition substituted by section 8(e) of Act No. 11 of 2013]

 

"Inspector-General"

means person appointed under section 7;

[Definition substituted by section 1(f) of Act No. 66 of 2002]

 

"intelligence"

means the process of gathering, evaluation, correlation and interpretation of security information, including activities related thereto, as performed by the Services;

 

"intelligence services"

[Definition deleted by section 8(f) of Act No. 11 of 2013]

 

"Intelligence Services Entities"
[Definition deleted by section 8(g) of Act No. 11 of 2013]
 
"Minister"

means the President or the member of the Cabinet designated by the President in terms of section 209(2) of the Constitution to assume political responsibility for the control and direction of the intelligence services established in terms of section 209(1) of the Constitution;

[Definition substituted by section 1(f) of Act No. 66 of 2002]

 

"money"

means all money whatsoever received or held by an accounting officer for or on behalf of the State;

 

"National Defence Force"

means the Force established by section 224 of the Constitution;

 

"Office"

means Office as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002);

[Definition inserted by section 3(c) of Act No. 52 of 2003]

 

"prescribed"

means prescribed by regulation;

[Definition inserted by section 1(i) of Act No. 66 of 2002]

 

"regulation"

means a regulation made under this Act;

 

"Services"

means the Agency, the Intelligence Division of the National Defence Force and the Intelligence Division of the South African Police Service;

[Definition substituted by section 8(h) of Act No. 11 of 2013]

 

"South African Police Service"

means the service referred to in section 214 of the Constitution;

 

"South African Secret Service"

[Definition deleted by section 8(i) of Act No. 11 of 2013]

 

"Speaker"

means the Speaker of the National Assembly contemplated in section 52 of the Constitution.

[Definition substituted by section 1(c) of Act No. 42 of 1999]

 

"this Act"

includes the regulations.