Kasrils shields his legacy

Outgoing intelligence minister Ronnie Kasrils engaged in a last-minute scramble this week to protect his legacy of reform at the intelligence services. Since 2005 the National Intelligence Agency has been in the thick of claims that the Mbeki and Zuma camps abused state institutions in their battle for supremacy.

On Wednesday Kasrils persuaded outgoing president Thabo Mbeki's last Cabinet meeting to release a hard-hitting review of intelligence policy. The report recommends comprehensive reforms of the country's civilian spy agencies, in particular the NIA, the South African Secret Service (SASS) and the National Communications Centre (NCC), responsible for the interception of electronic communication. The report recommends comprehensive reforms of the country's civilian spy agencies, in particular the NIA, the South African Secret Service (SASS) and the National Communications Centre (NCC), responsible for the interception of electronic communication.

The commission, comprising former deputy-minister Joe Matthews, former speaker Frene Ginwala and academic Laurie Nathan, was set up by Kasrils after the "hoax email" saga which led to the sacking of former NIA boss Billy Masetlha. The report, handed to Kasrils on August 7, was held back pending objections by his spy chiefs to some findings. Released on Thursday, it scrupulously avoids trespassing on operational turf, but its recommendations on the policy terrain are uncompromising. The report notes: "We are concerned that NIA's mandate may have politicised the agency, drawn it into the realm of party politics, required it to monitor and investigate legal political activity …" The commission, with the NIA's support, recommends that the mandate should narrow to focus on "terrorism, sabotage, subversion, espionage, proliferation of weapons of mass destruction, organised crime and corruption" and large-scale violence and drug trafficking.

Another key finding is that some methods of surveillance currently used are illegal. The report notes that "infiltration of an organisation, physical and electronic surveillance and recruitment of an informant who reports on the private affairs of an individual or organisation ... are not regulated by legislation and are therefore unconstitutional".The commission rejected the recommendation of an earlier internal task team report that "in the hard reality of intelligence operations … it is sometimes impossible to do things by the book.When operating against terrorist threats or organised crime or other clear threats and targets, it is sometimes necessary to 'bend the rules' in order to ensure that the threat is adequately dealt with. This is an operational reality in order to ensure that the real 'nasties' do not get away with their 'nastiness'."

The commission slams this, saying it is "unconstitutional, flouts the rule of law and undermines efforts to develop an institutional culture of respect for the law…

Source: Mail & Guardian