The purpose of the National Strategic Intelligence Act is to define the functions of members of the National Intelligence Structures; to establish a national Intelligence Co-ordinating Committee and to define its functions in respect of intelligence relating to the security of the Republic; and to provide for the appointment of a Co-ordinator for Intelligence as chairperson of the National Intelligence Co-ordinating Committee, and to define his or her functions; and to provide for matters connected therewith.
Functions relating to intelligence
(1) The functions of the National Intelligence Agency shall be:
(a) to gather, correlate, evaluate and analyse domestic intelligence, in order to -
(i) identify any threat or potential threat to the security of the Republic or its people;
(ii) supply intelligence regarding any such threat to the National Intelligence Co-ordinating Committee;
(b) to fulfil the national counter-intelligence responsibilities and for this purpose to conduct and coordinate counter-intelligence and to gather, correlate, evaluate, analyse and interpret information regarding counter-intelligence in order to:
(i) identify any threat or potential threat to the security of the Republic or its people;
(ii) inform the President of any such threat;
(iii) supply (where necessary) intelligence relating to any such threat to the South African Police Service for the purposes of investigating any offence or alleged offence; and
(iv) supply intelligence relating to any such threat to the Department of Home Affairs for the purposes of fulfilment of any immigration function; and
(v) supply intelligence relating to national strategic intelligence to the National Intelligence Co-ordinating Committee;
(c) to gather departmental intelligence at the request of any interested department of State, and, without delay to evaluate and transmit such intelligence and any other intelligence at the disposal of the Agency and which constitutes departmental intelligence, to the department concerned and to National Intelligence Co-ordinating Committee.
(2) It shall, subject to section 3, be the functions of the Service -
(a) to gather, correlate, evaluate and analyse foreign intelligence, excluding foreign military intelligence, in order to -
(i) identify any threat or potential threat to the security of the Republic or its people;
(ii) supply intelligence relating to any such threat to the National Intelligence Co-ordinating Committee;
(b) to institute -
(i) counter-intelligence measures within the Service; and
(ii) in consultation with the Agency, counter-intelligence measures outside the Republic; and
(c) to gather departmental intelligence at the request of any interested department of State, and, without delay to evaluate and transmit such intelligence and any other intelligence at the disposal of the Service and which constitutes departmental intelligence, to the department concerned and to the National Intelligence Co-ordinating Committee.
(3) It shall be the function of the South African Police Service:
(a) to gather, correlate, evaluate, co-ordinate and use crime intelligence in support of the objects of the South African Police Service as contemplated in section 205(3) of the Constitution;
(b) to institute counter-intelligence measures within the South African Police Service;
(c) to supply crime intelligence relating to national strategic intelligence to the National Intelligence Co-ordinating Committee.
(4) The National Defence Force shall, subject to section 3 -
(a) gather, correlate, evaluate and use foreign military intelligence, and supply foreign military intelligence relating to national strategic intelligence to the National Intelligence Co-ordinating Committee, but the National Defence Force shall not gather intelligence of a non-military nature in a covert manner;
(b) gather, correlate, evaluate and use domestic military intelligence excluding covert collection and supply such intelligence to the National Intelligence Co-ordinating Committee; and
(c) institute counter-intelligence measures within the National Defence Force.
Establishment of National Intelligence Co-ordinating Committee ("Nicoc")
(1) There is hereby established a National Intelligence Co-ordinating Committee, which shall consist of -
(b) the Co-ordinator for Intelligence appointed under section 5 (1), who shall be the chairperson;
(c) the Director-General of the National Intelligence Agency;
(d) the Director-General of the South African Secret Service;
(e) the chief of the intelligence division of the National Defence Force; and
(f) the head of the intelligence division of the South African Police Service,
or the alternates of the persons mentioned in paragraphs (b) to (f), and such members of departments of State who are co-opted by Nicoc on a permanent or an ad hoc basis.
(2) The functions of Nicoc shall be -
(a) to co-ordinate the intelligence supplied by the members of the National Intelligence Structures to Nicoc and interpret such intelligence for use by the State and the Cabinet for the purposes of -
(i) the detection and identification of any threat or potential threat to the national security of the Republic;
(ii) the protection and promotion of the national interests of the Republic;
(b) for the purposes of the functions contemplated in paragraph (a) -
(i) to coordinate and prioritise intelligence activities within the National Intelligence Structures;
(ii) to prepare and interpret intelligence estimates;
(c) to produce and disseminate intelligence which may have an influence on any state policy with regard to matters referred to in paragraph (a) for consideration by the Cabinet;
(d) after consultation with the departments of the State entrusted with the maintenance of the security of the Republic, to coordinate the flow of national strategic intelligence between such departments;
(e) at the request of any Department of State, to coordinate the gathering of intelligence and without delay to evaluate and transmit such intelligence and any other intelligence at the disposal of the National Intelligence Structures and which constitutes departmental intelligence, to the department concerned; and
(f) to make recommendations to the Cabinet on intelligence priorities.
(3) The Agency shall provide logistical, technical and administrative support to Nicoc.
Source: SABINET
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