intelligence in a constitutional democracy final report to the ... - Mg

1.2 Context of the Commission’s Establishment
In 2005 and 2006 South Africa was rocked by a political crisis involving the
National Intelligence Agency (NIA). Indications of possible misconduct
emerged when a prominent businessman and political figure complained to
Minister Kasrils that he was under surveillance by NIA. The Minister
requested the Inspector-General of Intelligence to investigate the matter. The
Inspector-General found, among other things, that NIA had conducted illegal
surveillance for political reasons and that the Director-General of NIA had
unlawfully ordered the interception of the communication of ruling party and
opposition politicians, some of whom were members of Parliament. 2 The
Director-General and two other officials were suspended and thereafter
dismissed. These dramatic events provoked considerable consternation
among political parties and members of the public.
The crisis led to the Minister’s decision to set up the Commission. Speaking
at the launch of the Commission, Minister Kasrils made the following remarks:
I indicated in my Budget Vote speech that it was necessary to use
this lamentable episode at NIA to undertake fundamental reforms
aimed at preventing such abuses in the future. To do so, we need
to review legislation and strengthen regulations, operational
procedures and control measures where necessary. I also pointed
out the need to attend to the perfidious mentality that enabled these
dirty tricks to take place and most importantly, that such reforms be
placed in the public domain so as to rebuild public confidence and
trust. 3
2 Office of the Inspector-General of Intelligence, ‘Executive Summary of the Final Report on
the Findings of an Investigation into the Legality of the Surveillance Operations Carried out by
the NIA on Mr S Macozoma. Extended Terms of Reference Report on the Authenticity of the
Allegedly Intercepted E-Mails’, media briefing, 23 March 2006, available at
www.intelligence.gov.za/OversightControl/IG%20Exec%20Summary%2023%20Mar%2006.d
oc.
3 Minister Ronnie Kasrils, ‘Launch of Ministerial Review Commission on Intelligence by the
Minister for Intelligence Services’, Cape Town, 1 November 2006.
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