Finally, a new Inspector-General of Intelligence is nominated
28 November 2016
Parliament’s Joint Standing Committee on Intelligence (JSCI) has finally nominated a candidate for the post of Inspector-General of Intelligence (IGI) after the post had been vacant since 31 March 2015. Dr S.I. Dintwe has been nominated as the preferred candidate by the JSCI, and the National Assembly (NA) will vote on the nomination this week. The election process has not been without setbacks but public participation and civil action ensured a more open and transparent process this time around, which appears to be the pattern for ensuring accountability in 2016. Despite serious attacks on our constitutional democracy this year, the founding values of “accountability, responsiveness and openness” are alive and well and being upheld by ordinary South Africans through action by civil society - a proud moment for the Constitution.
The need for independent role players who are tasked with ensuring that no person, company or state institution is above the law is provided for in the Constitution. This provides a lifeline in the current turbulent political environment. In this regard, awareness of these various institutions, besides the Public Protector’s Office, is of great importance to ensure the fight against corruption, as well as to ensure that these institutions carry out their mandates. One such crucial person is the IGI, who is the head of the Office of the Inspector-General of Intelligence in terms of section 210(b) of the Constitution. The IGI conducts independent civilian monitoring of the Intelligence Services, which include the National Intelligence Agency (NIA), the South African Secret Service (SASS), the intelligence division of the South African Police Service (SAPS) and the intelligence division of the South African National Defence Force (SANDF). Considering the IGI’s critical role, it is very worrisome that this position has been vacant since March 2015. According to media reports, during the interviews of potential candidates for the new IGI post it became quite clear that the Office is only being kept afloat by administrative staff whose “hands are tied” when it comes to signing off on investigative reports and decisions. The position needs to be filled quickly.
The key function of the IGI is the investigation of complaints from the public and members of the Intelligence Service on “alleged maladministration, abuse of power, transgression of the Constitution, laws or policies” within the Intelligence Service. The IGI has great oversight power and must determine the compliance of intelligence and counter-intelligence activities of the South African Intelligence Services with legislation. The IGI only reports to the JSCI in Parliament and he/she can only be removed or suspended by the President. This powerful position can easily be abused as no access to intelligence or information may be withheld from the IGI in terms of the Intelligence Services Oversight Act of 1994 (the Act). Considering the extent of these powers it is no wonder that the election process has been so controversial - civil society is right to be vigilant concerning the new IGI.
The last IGI was Advocate Faith Radebe, who vacated the office on 31 March 2015. The IGI is appointed in terms of section 7 of the Act by the President after a process of nomination by the JSCI; the nominated IGI must then be approved by at least two-thirds of the members of the NA in Parliament.