Intelligence Services Oversight Act, 1994 (Act No. 40 of 1994)2. Establishment of Committee on Intelligence |
| (1) | There is hereby established a Parliamentary Committee to be known as the Joint Standing Committee on Intelligence, which shall, subject to the Constitution, perform the oversight functions set out in this Act — |
| (a) | in relation to the intelligence and counter-intelligence functions which include the administration financial management and expenditure of the Services; and |
| (b) | in respect of the administration, financial management and expenditure of the Office, |
[Section 2(1)(b) substituted by section 9 of Act No. 11 of 2013]
and report thereon to Parliament.
(2)
| (a) | The Committee shall consist of 15 members of Parliament appointed on the basis of proportional representation determined according to the formula in paragraph (c): Provided that— |
| (i) | if the total number of seats on the Committee allocated to the political parties in terms of paragraph (c) is less than 15, the unfilled seats shall not be allocated to any political party, but the Committee shall nevertheless be deemed to be properly constituted; and |
| (ii) | if one political party has been allocated more than eight seats in terms of paragraph (c) and more than five political parties are represented in Parliament, the five minority parties with the largest representation in Parliament are entitled to at least one member each on the Committee, and the Committee so constituted shall be deemed to be properly constituted regardless of whether the total number of seats so allocated on the Committee is more or less than 15; and |
| (iii) | if any political party is unwilling to serve or to continue to serve on the Committee, the seats of such political party on the Committee shall not be allocated to any other political party but the Committee shall nevertheless be deemed to be properly constituted. |
| (b) | No member of Parliament shall be appointed as a member of the Committee before the Agency has issued a security clearance in the prescribed manner in respect of that member. |
[Section 2(2)(b) substituted by section 2(b) of Act No. 66 of 2002]
| (c) | Political parties shall be entitled to designate a member or members to the Committee in accordance with the principle of proportional representation and as determined according to the following formula: By dividing the number of seats held by the party in the National Assembly by the total number of seats in the National Assembly, multiplying the result by 15 and discarding all decimals. |
[Section 2(2) substituted by section 2(a) of Act No. 42 of 1999]
(3)
| (a) | a member referred to in subsection (2) shall be appointed by the Speaker or the Chairperson of the National Council of Provinces, depending upon the House of Parliament from which the member is appointed, acting with the concurrence of the President, who shall act with the concurrence of the leader of the political party concerned. |
[Section 2(3)(a) substituted by section 2(b) of Act No. 42 of 1999]
| (b) | In the event that agreement is not reached in respect of the appointment of a particular member, the matter shall be referred for determination to a committee consisting of the President, the Speaker, the Chairperson of the National Council of Provinces and the leader of the political party concerned, and the decision of the committee shall be final. |
[Section 2(3)(b) substituted by section 2(c) of Act No. 42 of 1999]
| (c) | The Committee shall within a period of two years after its first meeting review the appointment procedures referred to in paragraphs (a) and (b). |
| (4) | The Speaker and the Chairperson of the National Council of Provinces acting with the concurrence of the President, who shall act after consultation with the leaders of the political parties represented on the Committee, shall appoint a member of Parliament, excluding a member appointed to the Committee in terms of subsection (3), as the chairperson of the Committee and subsection (2)(b) shall apply with the necessary changes to such member. |
[Section 2(4) substituted by section 2(c) of Act No. 66 of 2002]
| (5) | A member of the Committee— |
| (a) | shall, subject to paragraph (b), be appointed as a member until the Parliament to which he or she has been elected under the Constitution, is dissolved in terms of the Constitution; |
| (b) | shall be replaced with a member of his or her party in accordance with subsection (3) or (4), as the case may be— |
| (i) | at the request of the leader of his or her party; or |
| (ii) | if he or she has conducted himself or herself in a manner which constitutes a threat to national security in the opinion of the Speaker or the Chairperson of the National Council of Provinces, as the case may be, with the concurrence of the Committee and the President, acting after consultation with the leader of the party concerned; |
[Section 2(5)(b)(ii) substituted by section 2(e) of Act No. 42 of 1999]
| (c) | may resign by notice in writing to the Speaker or the Chairperson of the National Council of Provinces, as the case may be, in which event a substitute shall be appointed in accordance with paragraph (b) and subsection (3) or (4), as the case may be. |
[Section 2(5)(c) substituted by section 2(f) of Act No. 42 of 1999]
(6)
| (a) | The Committee shall meet at such times and follow such procedures as may be prescribed by the rules and orders contemplated in section 45 of the Constitution. |
[Section 2(6)(a) substituted by section 2(g) of Act No. 42 of 1999]
| (b) | The Committee may initiate and recommend to the Joint Rules Committee of Parliament any such rules and orders in so far as they relate to the functions and activities of the Committee. |
[Section 2(6)(b) substituted by section 2(d) of Act No. 66 of 2002]
| (7) | No person other than members of the Committee or members of the staff referred to in subsection (8) may be present during the proceedings of the Committee, except with the permission of the Committee. |
| (8) | The Committee shall be assisted in the performance of its functions by— |
| (a) | officers of Parliament designated for that purpose by the Speaker and the Chairperson of the National Council of Provinces; and |
[Section 2(8)(a) substituted by section 2(h) of Act No. 42 of 1999]
| (b) | persons designated for that purpose by the Minister, after consultation with the Speaker, the Chairperson of the National Council of Provinces, the chairperson and the Heads of the Services. |
[Section 2(8)(b) substituted by section 2(h) of Act No. 42 of 1999]
[Section 2 substituted by section 2 of Act No. 31 of 1995]