State of the Nation Address 2022

State of the Nation Address 2022

Leave No One Behind Leave No One Behind

Actions on recommendations


Department of Home Affairs

Criminalise donations made in expectation of tenders or contracts

Actions on recommendations

The recommendation to amend the Political Party Funding Act to criminalise donations to political parties in the expectation of access to procurement tenders or contracts is accepted. This amendment will be made alongside other consequential amendments that will be required following the approval of the Electoral Amendment Bill currently before Parliament.

Serious consideration to be given to recommendation on electoral reform in the 2003 Van Zyl Slabbert report

Actions on recommendations

Noting that parts of the electoral reforms proposed by the Commission are currently under consideration in Parliament in relation to the Electoral Laws Amendment Bill, and considering that Parliament has a court-prescribed deadline to approve the Bill by 10 December 2022, it will be necessary to await the finalisation of the Bill before determining whether it satisfies the concerns raised by the Commission.

Parliament to consider a constituency-based electoral system

Actions on recommendations

Noting that parts of the electoral reforms proposed by the Commission are currently under consideration in Parliament in relation to the Electoral Laws Amendment Bill, and considering that Parliament has a court-prescribed deadline to approve the Bill by 10 December 2022, it will be necessary to await the finalisation of the Bill before determining whether it satisfies the concerns raised by the Commission.


Department of Justice and Constitutional Development

Introduce or amend legislation to protect whistle-blowers

Actions on recommendations

The Department of Justice has commenced a review of the Protected Disclosures Act and Witness Protection Act to, among other things, give effect to the following recommendations: ensure whistle-blowers receive the protections afforded by section 32(2) of the UN Convention Against Corruption.

Immunity from criminal or civil proceedings for whistle-blowers

Actions on recommendations

The Department of Justice has commenced a review of the Protected Disclosures Act and Witness Protection Act to, among other things, give effect to the following recommendations: whistle-blowers to be afforded immunity from criminal or civil action arising from honest disclosures.

Percentage of monies recovered awarded to whistle-blower

Actions on recommendations

The Department of Justice has commenced a review of the Protected Disclosures Act and Witness Protection Act to, among other things, give effect to the following recommendations: the possible award of a proportion of funds recovered to the whistle-blower provided that the information disclosed has been material in recovering funds.

Creation of a statutory offence for abuse of public power

Actions on recommendations

The Department of Justice and Constitutional Development will research possible legislative provisions for the creation of a statutory offence for the abuse of public power. This work will be finalised by mid-December 2023.

Amend legislation on failure of persons to prevent bribery

Actions on recommendations

The recommendation to amend the Prevention and Combating of Corrupt Activities Act on the failure of persons or entities to prevent bribery will be included in the Judicial Matters Amendment Bill, which will be submitted to Cabinet in the latter half of 2022.

Introduce legislation to allow deferred prosecution agreements

Actions on recommendations

The South African Law Reform Commission (SALRC) is considering deferred prosecution agreements as part of its review of the criminal justice system. This is a broad investigation that seeks to ensure efficiency in the adjudication and finalisation of criminal cases. It is expected to be finalised towards the end of the 2023/24 financial year. Deferred prosecution agreements will receive attention, in this review, during the current financial year.

Sanction for constitutional and political malpractice to be considered

Actions on recommendations

The Department of Justice and Constitutional Development has been directed to undertake research on the creation of an offence of political or constitutional malpractice. It will be completed by December 2023.

Establishment of an Anti-State Capture and Corruption Commission

Actions on recommendations

The National Anti-Corruption Advisory Council (NACAC) will, in the course of its work to advise on strengthening the country’s anti-corruption institutional arrangements, consider the detailed recommendations of the Commission on the establishment of an ‘Anti-State Capture and Corruption Commission’ and a ‘Public Procurement Anti-Corruption Agency’. Based on the advice of the NACAC and the outcomes of the review of South Africa’s anti-corruption architecture by the Department of Justice, a comprehensive proposal on an effective and integrated anti-corruption institutional framework will be produced for public consultation, finalisation and implementation. To further strengthen the current anti-corruption capabilities, the Investigating Directorate (ID) will be established as a permanent entity within the National Prosecuting Authority (NPA) and ID investigators will be provided with the requisite criminal investigatory powers as contemplated in the Criminal Procedure Act No. 51 of 1977. To address concerns with respect to the independence of the NPA, legislative amendments will be introduced to ensure greater transparency and consultation in the process for selection and appointment of the National Director of Public Prosecutions (NDPP), drawing on the process adopted for the selection of the current NDPP. Work will be undertaken to clarify the Minister's 'final responsibility' over the NPA as set out in section 33 of the NPA Act and settling aspects related to the NPA’s financial and administrative independence.

Establish Public Procurement Anti-Corruption Agency

Actions on recommendations

The National Anti-Corruption Advisory Council (NACAC) will, in the course of its work to advise on strengthening the country’s anti-corruption institutional arrangements, consider the detailed recommendations of the Commission on the establishment of an ‘Anti-State Capture and Corruption Commission’ and a ‘Public Procurement Anti-Corruption Agency’. Based on the advice of the NACAC and the outcomes of the review of South Africa’s anti-corruption architecture by the Department of Justice, a comprehensive proposal on an effective and integrated anti-corruption institutional framework will be produced for public consultation, finalisation and implementation. To further strengthen the current anti-corruption capabilities, the Investigating Directorate (ID) will be established as a permanent entity within the National Prosecuting Authority (NPA) and ID investigators will be provided with the requisite criminal investigatory powers as contemplated in the Criminal Procedure Act, Act No. 51 of 1977. To address concerns with respect to the independence of the NPA, legislative amendments will be introduced to ensure greater transparency and consultation in the process for selection and appointment of the National Director of Public Prosecutions (NDPP), drawing on the process adopted for the selection of the current NDPP. Work will be undertaken to clarify the Minister's 'final responsibility' over the NPA as set out in section 33 of the NPA Act and settling aspects related to the NPA’s financial and administrative independence.


Department of Public Enterprises

Establish a standing Appointment and Oversight Committee for Board and Executive appointments for State Owned Entities

Actions on recommendations

Government accepts the recommendations on the need for a process for the appointment of boards at state-owned enterprises that is not open to manipulation, including the involvement of independent panels with appropriate technical expertise to recommend suitable candidates to the relevant executive authority. This process would need to take due regard of any legislation relevant to the particular entity. Provision will be made in the final ‘Guide for the Appointment of Persons to Boards and Chief Executive Officers of State-Owned and State-Controlled Institutions’ for independent panels of relevant stakeholders and experts to play a role in nominating suitable candidates to the relevant Minister. It is anticipated that the guide will be finalised in the 2023/24 financial year.

Independent and transparent process for the appointment of boards and executives at state-owned enterprises

Actions on recommendations

Government accepts the recommendations on the need for a process for the appointment of boards at state-owned enterprises that is not open to manipulation, including the involvement of independent panels with appropriate technical expertise to recommend suitable candidates to the relevant executive authority. This process would need to take due regard of any legislation relevant to the particular entity. Provision will be made in the final ‘Guide for the Appointment of Persons to Boards and Chief Executive Officers of State-Owned and State-Controlled Institutions’ for independent panels of relevant stakeholders and experts to play a role in nominating suitable candidates to the relevant Minister. It is anticipated that the guide will be finalised in the 2023/24 financial year.


Department of Trade, Industry and Competition

Amend Companies Act to allow for directors to be declared delinquent after two years have lapsed

Actions on recommendations

The recommendation to amend the Companies Act so as to permit applications [for a director to be declared delinquent] to be brought even after two years is accepted and will form part of a review of the Companies Act that is expected to be concluded in the third quarter of 2023.


Financial Intelligence Centre

Investigate the effectiveness of the current system of suspicious transaction and cash threshold reporting

Actions on recommendations

The Financial Intelligence Centre (FIC) has appointed attorneys to conduct an urgent independent review of the effectiveness of the current regulatory reporting regime under the FIC Act. It will also undertake a review of what banks had reported in relation to possible state capture transactions, what the FIC had done with the reports, what referrals the FIC had made to law enforcement agencies and what the law enforcement agencies had done with such referrals. The FIC briefed the attorneys on 26 August 2022 and is awaiting the project plan from the attorneys, which will include the duration of the review.


Leader of Government Business

Party leaders to provide political space for individual MPs to ask difficult questions without prejudice

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to consider additional measures involving Speaker and President to sanction non-compliant Ministers

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to consider legislation or rules to deal with the late submission of reports by representatives of the Executive to Parliament

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to put in place mechanisms to prevent unlawful use, or abuse, of power by the Executive

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Amend legislation to allow for formally regulated and open lobbying

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to implement rules to assist it further in sanctioning Cabinet members for non-compliance

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to consider legislative measures for non-attendance by Ministers

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to consider Corruption Watch proposals on appointments by Parliament

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to consider the principle of 'amendatory accountability' in an Act of Parliament

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to introduce a suitable tracking and monitoring system for implementation of corrective actions proposed by Parliament

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.

Parliament to consider establishing a committee for oversight over President and Presidency

Actions on recommendations

The Leader of Government Business will interact with Parliament’s Presiding Officers on the recommendations that relate to the interface between Parliament and the Executive.


National Treasury

Amend legislation governing banks to ensure fair hearing before closing accounts

Actions on recommendations

With respect to the recommendation that banks be required to follow a fair process when considering the closure of a client's accounts, National Treasury will review whether the current standards need to be strengthened to better protect retail customers from bank closures from a financial inclusion perspective, to the extent that they comply with anti-money laundering legislation and other applicable laws.

Competitive bidding process for strategic partners for government projects

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to providing appropriate management, contracting, reporting and enforcement guidelines for those who implement projects on behalf of government.

Create a professional body for officials working in procurement

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to the establishment of a professional body to which all officials who work in the area of public procurement should belong.

Set standards for transparency in procurement

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to setting standards of transparency for inclusion in every procurement system.

Protection for Accounting Officers and Authorities acting in good faith

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to protecting Accounting Officers or Accounting Authorities from criminal or civil liability for anything done in good faith unless such person acts negligently.

Greater centralisation of public procurement

Actions on recommendations

The centralisation of procurement will be pursued only where it is feasible and where the benefits are likely to outweigh the costs in terms of reduced flexibility and departmental accountability for spending, delivery and outcomes. A return to a fully centralised system is unlikely to improve the integrity and efficacy of procurement. However, it is recognised that extreme decentralisation has also made the procurement system more vulnerable. A multi-pronged approach is required, which builds the state’s capacity in transversal contracts, reduces fragmentation, consolidates legislation, ensures enhanced regulatory and oversight capacity, and enhances transparency.

Better harmonisation of legislation for public procurement

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to the harmonisation of the legislation applying to public procurement.

Improved guidance and training for application of public procurement legislation

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to better guidance and training of public procurement officials.

Legislation for discontinuance of sole source service provider

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to regulations to provide clear guidance on the processes to be followed when procuring from a sole source. It should be noted that there are certain goods and services that are provided by limited suppliers due to the uniqueness of the product or service they provide. While it is necessary to tighten regulations with respect to sole providers, it is not feasible to completely do away with these types of deviations.

No service provider may sub-contract or cede their right to provide services unless disclosed in bid documents

Actions on recommendations

Measures to prevent the cession of rights by tender contractors unless disclosed in bid documents should make provision for instances where amendments to company ownership, such as mergers and acquisitions, make the cession of rights necessary and legally permissible.

Legislation or government policy to ensure services/goods providers prove requisite competencies

Actions on recommendations

Government is giving consideration – through the draft Public Procurement Bill and amendments to the Public Finance Management Act – to prohibiting the awarding of a tender unless the responsible official has satisfied themselves that the service provider is qualified. It is intended that this legislation be sent to Parliament before the end of this financial year.

Criminalise the awarding of tenders unless officials have satisfied themselves that the service provider is qualified

Actions on recommendations

Government is considering – through the draft Public Procurement Bill and amendments to the Public Finance Management Act – the recommendation that no service provider may be awarded a tender or may conclude any contract with a public institution unless it has produced proof of relevant qualifications, skills experience or expertise required to perform the work. It is intended that this legislation be sent to Parliament before the end of this financial year.

Reforms regarding the use of implementing agents by government

Actions on recommendations

Recommendations that are covered under existing rules, and therefore do not require further action, include the use of implementing agents, the use of transfer payments, re-prioritisation of budgets, oversight responsibilities of officials and structures, ensuring adequate accountability, and the keeping of reliable financial records.

Guidelines on the minimum requirements for the appointment of implementing agents

Actions on recommendations

Recommendations that are covered under existing rules, and therefore do not require further action, include standardised guidelines for the appointment of implementing agents.

Prohibition on appointment of the same entity as implementing agent and managing agent

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to providing appropriate management, contracting, reporting and enforcement guidelines for those who implement projects on behalf of government.

Reforms to how business plans of government projects must be drawn up

Actions on recommendations

Recommendations that are covered under existing rules, and therefore do not require further action, include ensuring project deliverables are included in business plans and effectively monitored.

Amend SARS Act for open, transparent and competitive appointment of SARS Commissioner

Actions on recommendations

The National Treasury has initiated the process to amend the SARS Act to implement the recommendations of the Nugent Commission, including providing for an open, transparent and competitive process for the appointment of the SARS Commissioner and the appointment of adequate oversight mechanisms such as an Inspector-General. Legislation will be tabled by June 2023.

Approvals of feasibility reports and business plans

Actions on recommendations

Recommendations that are covered under existing rules, and therefore do not require further action, include ensuring feasibility reports and business plans are available and approved prior to any funds being transferred to a service provider.

Legislation for appropriate management of project implementers

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to providing appropriate management, contracting, reporting and enforcement guidelines for those who implement projects on behalf of government.

Compliance with the transformation imperatives of government

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to ensuring compliance with transformation imperatives.

Capacitate the Auditor-General’s office to be able to audit all public entities

Actions on recommendations

The review of the respective roles of the Auditor-General and private auditors, as well as recommendations on the public-sector audit committees, are expected to be completed by 30 September 2023.

Transfer of funds to an implementing agent to be noted in the financial statements of a department

Actions on recommendations

Recommendations that are covered under existing rules, and therefore do not require further action, include noting the recipient of the transferred funds in departments’ financial statements to enable consequence management where funds have not been used for the allocated purpose.

Provincial Treasuries must have measures to deal with a recalcitrant head of department or chief financial officer

Actions on recommendations

Recommendations that are covered under existing rules, and therefore do not require further action, include ensuring provincial treasuries have consequence management mechanisms in place for recalcitrant a head of department or chief financial officer.

Parliament to provide adequate funding to enable effective parliamentary oversight.

Actions on recommendations

To ensure that Parliament is sufficiently resourced to hold the Executive to account, the National Treasury will engage with Parliament to determine the most appropriate way to give effect to the Commission’s recommendations on the funding of Parliament.

Parliament to enhance the scale and skills of the research and technical assistance made available to portfolio committees

Actions on recommendations

To ensure that Parliament is sufficiently resourced to hold the Executive to account, the National Treasury will engage with Parliament to determine the most appropriate way to give effect to the Commission’s recommendations on the funding of Parliament.

Fixed percentage of monies recovered should be awarded to whistle-blowers

Actions on recommendations

General Intelligence Laws Amendment Bill will be tabled to Parliament in the third quarter of 2022. This, together with the new National Intelligence Policy and Strategy documents which are being tabled at the National Security Council, take forward the recommendations of the High-Level Review Panel and the White Paper on Intelligence. This is under consideration as part of consultation reforms to the whistle-blower protection framework.

Assets of project beneficiaries to be registered with government department until ready for transfer

Actions on recommendations

This is no longer relevant given changes in the accounting rules.

Institute a co-ordinated and co-operative approach to targeting money laundering

Actions on recommendations

The matter of statutory frameworks for financial information-sharing partnerships has been included in the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, which has been tabled in Parliament and is currently before the NA Finance Portfolio Committee. This Bill aims to address the deficiencies identified by the Financial Action Task Force (FATF) and International Monetary Fund in their mutual evaluation of South Africa in 2021.

Lifestyle audits for all senior managers and supply chain management officials

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to institutionalising lifestyle audits for all senior managers and officials involved in supply chain management.

Statutory framework for the controlled sharing of information between banks and the authorities to prevent money laundering

Actions on recommendations

The matter of statutory frameworks for financial information-sharing partnerships has been included in the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill, which has been tabled in Parliament and is currently before the NA Finance Portfolio Committee. This Bill aims to address the deficiencies identified by the Financial Action Task Force (FATF) and International Monetary Fund in their mutual evaluation of South Africa in 2021.

Publish a national charter against corruption in public procurement and a binding code of conduct

Actions on recommendations

The Public Procurement Bill is expected to be finalised and submitted to Parliament by March 2023. The Bill will address the Commission’s recommendations with respect to a Code of Conduct setting out the ethical standards that apply in the procurement of goods and services for the public.


Parliament

Parliament to consider amending section 6(1) of the Intelligence Services Oversight Act 40 of 1994

Actions on recommendations

Parliament is developing its own response to the Commission.

Parliament to consider appointing opposition MPs as chairs of portfolio committees

Actions on recommendations

Parliament is developing its own response to the Commission.

Direct election of the President

Actions on recommendations

Since the recommendation for the direct election of the President would require constitutional amendments, it is a matter that should be considered by the various political parties represented in Parliament and by the Parliament’s Joint Constitutional Review Committee.

Parliament to establish an Oversight and Advisory Section

Actions on recommendations

Parliament is developing its own response to the Commission.


Presidency

Lifestyle audits for executive authorities

Actions on recommendations

The implementation of lifestyle audits for members of the National Executive is in process and is being managed by the Office of the Director-General in the Presidency.


President

Appoint a special commission of inquiry into the collapse of PRASA

Actions on recommendations

A decision on the establishment of a commission of inquiry into PRASA will be held in abeyance until the completion of the investigations underway by the Directorate for Priority Crime Investigation and the Special Investigating Unit (SIU), and the review by the PRASA board. A determination will then be made on whether these processes have sufficiently addressed the matters raised by the Commission and whether a commission of inquiry would serve that purpose. A proclamation will be issued to broaden the scope and set timeframes for an expanded SIU investigation into PRASA based on the evidence before the State Capture Commission. Additional dedicated resources will be brought in to augment the existing investigators who are also looking into other state-owned enterprises.


State Security Agency

Process for issuance of firearms from the State Security Agency armoury must be tightened up

Actions on recommendations

The State Security Agency has finalised and is implementing new gun control directives for the agency in line with applicable laws.

Prevent abuse of State Security Agency resources for political purposes

Actions on recommendations

The new leadership at the State Security Agency has developed and is implementing a comprehensive response plan to address the recommendations of the Commission. This response plan is being driven by a multi-disciplinary team made up of internal resources and through enlisted expertise in restructuring and reforming organisations.

Findings and reports of the Inspector-General of Intelligence must be taken seriously by the Executive

Actions on recommendations

A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The amendment will also include provisions to strengthen the oversight of the intelligence agencies by bodies such as the Inspector-General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.

Strengthen the office of the Inspector-General of Intelligence

Actions on recommendations

A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The amendment will also include provisions to strengthen the oversight of the intelligence agencies by bodies such as the Inspector-General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.

Serious consideration to be given to the recommendations of report of the Joint Standing Committee on Intelligence

Actions on recommendations

The new leadership at the State Security Agency has developed and is implementing a comprehensive response plan to address the recommendations of the Commission. It is factoring in the recommendations contained in the Annual Report of the Joint Standing Committee on Intelligence for the financial year ending 31 March 2020, including the period up to December 2020.

Put mechanisms in place to sift out false intelligence reports at the State Security Agency

Actions on recommendations

The peddling of fabricated information has been counteracted by the resuscitation of systems and control measures in the State Security Agency.

State Security Agency recruitment criteria to be clear and strictly adhered to

Actions on recommendations

The State Security Agency is reviewing human resource directives to ensure they are in line with the Commission’s recommendations on recruitment criteria. This is expected to be completed by March 2023.

Oversight roles of the Inspector-General of Intelligence, the Auditor-General of South Africa and Parliament to be sharpened

Actions on recommendations

A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The Bill will amend the National Strategic Intelligence Act (39 of 1994), Intelligence Services Act (65 of 2002) and other relevant intelligence laws so as to, among others, strengthen the oversight of the intelligence agencies by bodies such as the Inspector-General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.

Enable the Auditor-General to audit the State Security Agency

Actions on recommendations

A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The Bill will amend the National Strategic Intelligence Act (39 of 1994), Intelligence Services Act (65 of 2002) and other relevant Intelligence laws so as to, among others, strengthen the oversight of the intelligence agencies by bodies such as the Inspector General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.

Inspector-General of Intelligence to be allowed greater access to intelligence services

Actions on recommendations

A new General Intelligence Laws Amendment Bill has been drafted and is expected to be tabled in Parliament before the end of this financial year. The Bill will amend the National Strategic Intelligence Act (39 of 1994), Intelligence Services Act (65 of 2002) and other relevant Intelligence laws so as to, among others, strengthen the oversight of the intelligence agencies by bodies such as the Inspector-General of Intelligence, the Joint Standing Committee on Intelligence and the Auditor-General of South Africa.

Strengthen financial controls and accountability at the State Security Agency

Actions on recommendations

National Treasury is working with the Auditor-General of South Africa (AGSA) and the State Security Agency (SSA) on tightening financial controls, especially with respect to cash, and improving accountability through a multi-pronged audit process (involving the AGSA, the Inspector-General of Intelligence and SSA Internal Audit).

End ministerial interference in intelligence services

Actions on recommendations

No member of the Executive responsible for intelligence, whether the President, Minister or Deputy Minister, may be involved in the operational matters of the State Security Agency. The review of the Intelligence Services Act that is currently underway will consider how to give practical effect to this principle.

Consider the recommendations of the Intelligence White Paper

Actions on recommendations

New National Security Policy and Strategy documents have been drafted and presented to the National Security Council. The policy, which returns to the principles of the White Paper on Intelligence, will be recommended to Parliament for the commencement of public consultations before the end of this financial year.

Further investigation into the affairs of the State Security Agency

Actions on recommendations

All investigations that have been initiated by Project Veza were handed over to an independent forensic investigation firm. Several reports have been completed and submitted to the Director-General. The said reports were subsequently shared with the National Prosecuting Authority’s Investigative Directorate (ID) for further investigations and possible prosecutions. All future reports from the forensic firm will follow this approach. Consequence management is already being implemented via disciplinary actions.

Prevent abuse of State Security Agency (SSA) security vetting to serve interests of individuals

Actions on recommendations

The new leadership at the State Security Agency has developed and is implementing a comprehensive response plan to address the recommendations of the Commission. It is factoring in the recommendations contained in the Annual Report of the Joint Standing Committee on Intelligence (JSCI) for the financial year ending 31 March 2020, including the period up to December 2020.[1] This response plan is being driven by a multi-disciplinary team made up of internal resources and through enlisted expertise in restructuring and reforming organisations.



*These recommendations exclude those that relate to criminal and other investigations, which are being addressed by law enforcement agencies and other bodies according to their respective mandates.

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