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

undertake covert operations aimed at countering threats to national security;
and to operate with a high level of secrecy.
Politicians and intelligence officers are able to abuse these powers to infringe
civil liberties, interfere in lawful political activities and favour or prejudice a
political party or leader, thereby compromising the integrity of the democratic
process. They can intimidate the opponents of government, create a climate
of fear and fabricate or manipulate intelligence in order to influence
government decision-making and public opinion. They are also able to abuse
intelligence funds and methods for personal gain and to promote private
commercial interests.
Given these dangers, democracies are confronted by the challenge of
constructing rules, controls and other safeguards that protect rights and
freedoms and prevent misconduct by the intelligence services but do not
restrict the services to such an extent that they are unable to fulfil their
responsibilities. In short, the challenge is to ensure that the intelligence
agencies pursue a legitimate mandate in a legitimate manner and in the
national interest.
This challenge lies at the heart of our review, the aim of which is to strengthen
mechanisms of control of the civilian intelligence structures in South Africa in
order to ensure full compliance and alignment with the Constitution,
constitutional principles and the rule of law, and particularly to minimise the
potential for illegal conduct and abuse of power.
2.3 The Primacy of the Constitution
The role, character and activities of intelligence organisations throw up a
number of difficult questions in democratic countries. What should be the
primary focus of these organisations? What powers should they have and
what limits should be placed on those powers? How can abuse of power be
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