By Lehlohonolo Lehana.
President Cyril Ramaphosa has signed into law the General Intelligence Laws Amendment Bill, which is designed to reform South Africa’s intelligence services to improve oversight and accountability.
The law addresses concerns about bulk interception by intelligence services of internet traffic entering or leaving South Africa.
It introduces new measures including authorisation within the intelligence services, as well as court reviews of such interception.
The Presidency said the act would not only reform the intelligence services but also improve oversight and accountability.
The General Intelligence Laws Amendment Bill was rushed through the National Assembly in just four months between the end of 2023 and early 2024, after threats that Parliament itself would introduce a bill to overhaul the intelligence services when the executive was taking too long to table legislation.
The act aims to address shortcomings identified both by the State Capture Commission of Inquiry and the recommendations of the 2018 high-level review panel report.
Presidency spokesperson, Vincent Magwenya, said: “Among other reforms, the amendment act establishes two separate departments, replacing the State Security Agency as a national government department.”
The two new intelligence departments are to be known as the Foreign Intelligence Service to identify threats to national security, and the Domestic Intelligence Agency, responsible for counterintelligence.
The law will also address concerns related to the bulk interception of information, which will be overseen by a judge. The amendments also give the inspector-general of intelligence more autonomy in decision-making.