| (1) | The Director-General must, as soon as possible after the commencement of this Act, and from time to time thereafter, and without probable cause, direct all members and administrative staff of the Standing Committee, Refugee Appeals Authority and all members of staff at any Refugee Reception Office, including persons who are not members of staff but who perform any function at such an Office, to be subjected to measures to test the integrity of those persons for purposes of— |
| (a) | combating or preventing fraud, corruption or any crime of which dishonesty is an element; and |
| (2) | Measures to test the integrity of persons as referred to in subsection (1) may include— |
| (a) | the gathering of information, as prescribed, by a duly authorised official in relation to— |
| (iii) | personal information; or |
| (iv) | any other information which may be relevant, to determine the integrity of a person; and |
(3)
| (a) | The information referred to in subsection (2) must, in the prescribed manner, be stored securely. |
| (b) | No person may disclose any information which he or she obtained in the exercise of his or her powers or the performance of his or her duties in terms of this section, except— |
| (i) | to any other person who of necessity requires it for the performance of his or her functions in terms of this section; |
| (ii) | if he or she is a person who of necessity supplies it in the performance of his or her functions in terms of this section; |
| (iii) | information which is required in terms of any law or as evidence in any court of law or in any disciplinary proceedings; or |
| (iv) | to any competent authority which requires it for the institution, or an investigation with a view to the institution, of any criminal proceedings or any civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998). |
| (4) | Any information gathered in terms of subsection (2) may be used for purposes of— |
| (a) | instituting criminal, civil or disciplinary proceedings against any person referred to in subsection (1); |
| (b) | evidence in criminal, civil or disciplinary proceedings, subject to the approval of the presiding officer in any such proceedings regarding the admissibility of such information; or |
| (c) | a vetting investigation in accordance with section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994). |
| (5) | A person contemplated in subsection (1) who is a member of the public service and who refuses to subject himself or herself to a vetting investigation as contemplated in subsection (4)(c) when instructed to do so, or who fails such investigation, is subject to such disciplinary measures as may be in operation for members of the public service at the time. |
[Section 20A inserted by section 14 of Notice No. 1452, GG 41343, dated 18 December 2017]
