The General Intelligence Laws Amendment Bill (GILAB), passed by both Houses of Parliament in 2024, remains in limbo as it awaits presidential assent. The bill, regarded as a crucial step in strengthening South Africa’s intelligence framework, has yet to be signed into law, raising concerns about its delayed implementation and the potential risks to national security.

The GILAB is designed to modernise intelligence laws and enhance the operational efficiency of South Africa’s intelligence agencies. By updating the legal framework within which intelligence bodies operate, the bill aims to improve national security and ensure better coordination among agencies.

However, despite its passage on 16 May 2024, the bill has not yet been enacted, leading to questions about the impact of this delay on the safety of the Republic.

Section 84 of the Constitution mandates that the President must carefully review and apply his mind before assenting to any bill. While this process is an important safeguard, critics argue that the extended delay is excessive and could hinder intelligence operations.

The Minister in the Presidency has defended the delay, stating that the intelligence community has used this time to “prepare the Agency for the implementation of the Bill.” However, this reasoning has been met with scepticism.

Nicholas Myburgh, member of parliament for the Democratic Alliance, who serves on the Ad Hoc Committee on Intelligence, has strongly criticised the delay, questioning both the justification given by the Minister and the President’s inaction.

“Firstly, since the Minister has indicated that SSA is using the President’s inordinately long delay in assenting to the GILAB ‘to prepare the Agency for the implementation of the Bill,’ it begs the question: what exactly do these preparations entail?”

“Secondly, it raises the legitimate expectation of the rapid and fully effective implementation of the Bill once the President has considered it important enough to sign.”

Myburgh did not hold back in his criticism of the President’s handling of the bill, expressing concern over the prolonged inaction.

“It is quite extraordinary that 10 months after Parliament passed the Bill, widely considered as crucial to the safety of the Republic and the operational efficiency of the SSA, the President is either sleeping on the job or simply being reckless with the security of the state.”

With intelligence threats evolving rapidly, the delay in enacting the bill has raised alarm bells. While the government maintains that preparations are underway, there is growing pressure on the President to provide clarity on when he intends to sign the bill into law.

As security concerns continue to mount, many believe that the urgency of the situation demands swift action. The delay has sparked debate over whether constitutional processes are being followed responsibly or whether inaction is placing South Africa’s security at unnecessary risk.