| (1) | The Committee shall, notwithstanding anything to the contrary contained in any other law or the common law, but subject to subsection (2) and the proviso to section 3(1)(a)(iii), in the performance of its functions, have access to intelligence, information and documents in the possession or under the control of a Service, on condition that— |
| (a) | such access is necessary for the performance of such functions; |
| (b) | such intelligence, information and documents shall be handled in accordance with the written security guidelines and measures of, or the conditions prescribed or determined by, the chairperson with the concurrence of the Heads of the Services; and |
| (c) | such documents shall after inspection thereof be returned to a Service as determined by the Head of that Service. |
| (a) | Notwithstanding anything to the contrary contained in this Act or any other law, a Service shall not be obliged to disclose to the Committee— |
| (i) | the name or identity of any person or body engaged in intelligence or counter-intelligence activities; |
| (ii) | any intelligence, information or document in a form which could reveal the identity of any source of such intelligence, information or document if that intelligence, information or document was provided to such Service under an express or implied assurance of confidentiality; |
| (iii) | any intelligence or counter-intelligence method employed by a Service if such disclosure could reveal or lead to the revelation of the name or identity of any person or body engaged in intelligence or counterintelligence activities or the identity of the source of any intelligence, information or document: Provided that this provision shall not prevent the disclosure of any part of intelligence, information or a document if such part can be separated from the part which could reveal the name, identity or method referred to in subparagraphs (i) and (ii) and this subparagraph. |
| (b) | In the event of a dispute arising from— |
| (i) | the provisions of paragraph (a) as to whether or not the disclosure of any intelligence, information or document may reveal the name or identity of any person or body engaged in intelligence or counter-intelligence activities or intelligence or counter-intelligence methods employed or the identity of the source of intelligence, information or document; or |
| (ii) | the provisions of subsection (1)(a) as to whether access to certain intelligence, information or any document is necessary to perform the functions of the Committee, |
such dispute shall be referred for determination to a committee composed of the Inspector-General, the Head of Service in question, the chairperson of the Committee and the Minister responsible for that Service, which decision of the Committee shall be final.
[Section 4(2)(b) amended by section 4(a) of Act No. 66 of 2002]
| (3) | The Committee may, for the purposes of the performance of its functions, require any Minister responsible for a Service or the Office, the Head of a Service, the Director or the Inspector-General, to appear before it to give evidence, to produce any document or thing and answer questions put to him or her: Provided that such person shall— |
| (a) | be given reasonable notice of such appearance; |
| (b) | be given reasonable details regarding the purpose of such appearance; and |
| (c) | have the right to be assisted by members of the Services or the Office, as the case may be. |
[Section 4(3)(c) substituted by section 11(b) of Act No. 11 of 2013]
[Section 11(3) amended by section 11(a) of Act No. 11 of 2013]
