Parliament’s intelligence oversight committee is fed up with cabinet delays in submitting the General Intelligence Laws Amendment Bill (Gilab) to parliament and plans to use its powers to begin work on the legislation.
Among other things, the bill proposes separating the State Security Agency into a domestic and a foreign service, redefining the mandates of the intelligence services to avoid duplication, and regulating the conduct of former spies.
ANC deputy chief whip Doris Dlakude, who is a member of the joint standing committee on intelligence, said during the SSA budget vote last week that the committee had decided to introduce the amendment legislation as a committee bill, due to delays by the executive in introducing the bill to parliament.
Her remarks took Khumbudzo Ntshavheni, minister in the Presidency for state security, by surprise. “I feel abandoned and rejected,” she told MPs.
Dlakude reiterated the committee’s stance this week, telling the Sunday Times the committee bill route had been decided in October 2022, five months before Ntshavheni was appointed in March.
I feel abandoned and I feel rejected by the standing committee because I’ve just taken over the job and I’ve spent sleepless nights
— Minister Khumbudzo Ntshavheni
An ad hoc committee would be established to process the bill, she said. “We haven’t established the ad hoc committee, which gives [Ntshavheni] ample time to finish her processes. It’s not like we are running two processes, it’s one. The issue is the delay, if they delay then we will proceed as a committee as per our decision.”
Dlakude said her committee was not working at cross purposes with the department but simply wanted to get the process moving.
Parliamentary rules provide for MPs to introduce committee bills, but this is a rare occurrence as the overwhelming majority of bills are introduced by cabinet ministers.
The intelligence laws amendment bill addresses recommendations made by Sydney Mufamadi’s high-level review panel, which President Cyril Ramaphosa appointed in 2018.
Dlakude said in the National Assembly last week: “We waited for quite some time, minister, without [the bill] coming forth. So, we cannot reverse this decision that we have taken, all processes are in place.
“We have the necessary support to do this. We know what it is that needs to be done on that bill. That is the decision of the committee that we have taken after so long.”
Dlakude described the legislation as central to resolving the challenges faced by the intelligence services. She said the bill needed to be enacted so that the recommendations of both Mufamadi’s panel and the Zondo commission could be fully implemented.
A critical finding by the Mufamadi panel was that the mandates of the intelligence services, particularly defence intelligence and police crime intelligence, be refined to reduce duplication and improve co-ordination, said Dlakude.
Ntshavheni responded: “Hardly 11 weeks of me taking the job and doing all in my power to make sure that the Gilab is finalised and goes to cabinet next week, I find myself confronted with a committee decision.
“I appreciate the support you have given but I feel abandoned and I feel rejected by the standing committee because I’ve just taken over the job and I’ve spent sleepless nights with the team to make sure the necessary consultations are finalised.
“The committee doesn’t want to give me an opportunity even if it means giving me a deadline to deliver on the Gilab,” the minister said, asking for a chance to discuss the issue further.
This week cabinet approved the Gilab for introduction to parliament.
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