All told, she informed Democratic Alliance (DA) National Assembly (NA) public representative Nicholas Myburgh when answering a Parliamentary question, the panel, chaired by then National Security Advisor Sidney Mufamadi, made 73 recommendations. The review panel was constituted by President Cyril Ramaphosa in 2018 and post him receiving the report he decided to publish it “for the benefit of all South Africans, including the intelligence community”.

Recommendations implemented to date start with re-establishment of the National Security Council (NSC). Others, as per Ntshavheni’s written reply, include the establishment of an intelligence co-ordinating mechanism through regulations.

Others are, in no particular order, a tightening of the rules governing temporary advances and taking disciplinary action against staff abusing them, a review and re-alignment of the SSA annual planning process, completion of “a thorough audit” of SSA technological assets and development of a consolidated asset register as well identifying secure non-cash payment methods.

Additionally, recommendations relating to education, training and development of intelligence officers with a view to ensuring extensive knowledge and understanding of intelligence related constitutional, legislative and other prescripts as well as the definition of and procedures for dealing with manifestly illegal orders have been implemented.

Also on the “done” list given by Ntshavheni are compulsory induction programmes, a policy review of the SSA security vetting mandate, establishing a high-level task team to “explore implications of re-separation and other possible architectural changes” as well as developing and confirming “guiding values for intelligence training and education”.

Recommendations not yet implemented will, according to Ntshavheni, receive attention “as soon as GILAB (General Intelligence Laws Amendment Bill) becomes law”.

The following 47 recommendations have been fully implemented:
1. The re-establishment of the National Security Council (NSC)
2. Instituted a formal investigation into the issues that surrounded the withdrawal of the IGI’s security clearance.
3. Formally re-instituted the pre-SDP structure.
4. Rules governing the temporary advance system were tightened and they are now implemented consistently.
5. The SSA’s annual planning process and its relation to the budgeting process was reviewed and aligned appropriately.
6. Instituted a thorough audit of all the SSA’s technological assets and develop a consolidated asset register.
7. The restructuring of the Agency was suspended until the restructuring task team completed its work and work underway is in preparation of the implementation of the GILAB 2024.
8. Management and staff displaced by SDP process were either reinstated or gainfully deployed
9. The immediate withdrawal of former Head of SO, Thulani Dhlomo as Ambassador to Japan was done
10. Make necessary appointments which should not be acting capacities but this has since be affected by transitioning to new Departments
11. Agency should institute disciplinary proceedings against those found to have abused the temporary advances system.
12. Investigate breaches of regulations and institute disciplinary action.
13. Senior appointments, including those of Deputy Directors-General, should be made in accordance with the Recruitment and Appointment Directives and Regulations, as is the norm in government.
14. Develop an appropriate career advancement protocol.
15. Guide or develop exit options for existing staff and recognition and accommodation of former intelligence officers and officials.
16. Review the vision and mission, scope and structure of a national intelligence training and education capacity.
17. The education, training and development of intelligence officers should ensure extensive knowledge and understanding of the constitutional, legislative and other prescripts relating to intelligence as well as the definition of, and procedures for dealing with manifestly illegal orders.
18. Guide the establishment of a professional and appropriately trained and educated faculty and management cadre.
19. Develop and confirm guiding values for intelligence training and education.
20. Determine collaborations and partnerships with accredited academic institutions, select non-governmental organisations (NGOs), specialist organisations and agencies, and relevant government training institutions.
21. There should be a compulsory induction programme for any member of the executive assigned with political responsibility for the intelligence services, including heads of Ministerial Services and advisors, as well as any newly appointed senior leaders of such services, that educates them on the relevant prescripts.
22. Establish a task team to explore the implications of re-separation & other possible architectural changes.
23. While the prerogative to appoint a head of service/s should remain with the President, such appointment should follow a similar process as currently being undertaken for the appointment of the National Director of Public Prosecutions or as recommended in Chapter 13 of the National Development Plan.
24. Conduct an urgent policy review of the Agency’s security vetting mandate
25. The Ministry and SSA should urgently find with the AG an acceptable method for the unfettered auditing of the SSA’s finances.
26. Establish a high-level task team to review legislation, regulations and directives
27. The OIC to be given independent status in compliance with RICA.
28. Ministry and SSA to identify secure non cash methods for making of payment.
29. The regulations on labour relations drafted during Minister Mahlobo’s term of office should be finalised as a matter of urgency
30. Urgently institute a major project to plan for and resource a medium- to long-term recapitalisation of the Agency’s technological capacities
31. Consult on and manage organisational change
32. Consult staff about changes emerging out of review recommendations and manage the change process in the organization.
33. The Agency needs to instill a practice of consequence management for acts of indiscipline.
34. Drafting of a new National Security Strategy (NSS)
35. Address capacity gaps in terms of people, financial and other resources in provincial and foreign offices
36. The Ministry should initiate a process together with the ministries of Finance, Defence and Police to explore the options and consequences for repealing the Security Services Special Account Act No. 81 of 1969 and the Secret Services Act, No. 56 of 1978
37. Instill a culture of gender equality and fairness within the civilian intelligence community
38. Review the appropriateness of the Mahikeng campus
39. Attention should be given to clearer and more focused definitions of the mandate/s of any resulting service/s
40. Institute clear processes of interaction between analysis and collection arms
41. Conduct evaluation of the quality of intelligence products
42. Urgently resource and give priority to the further development and upgrading of the electronic vetting system
43. The ministries of State Security and Justice should urgently attend to the strengthening of the capacity of the judicial authority established in terms of RICA and the expediting of the review of the RICA legislation
44. The SSA should institute measures to ensure a seamless interaction between the administrative and the operational arms of the SSA as concerns the accountability and compliance of the operational arms
45. Develop appropriate curricula
46. Explore idea of a dedicated capacity for the JSCI
47. The establishment of the intelligence coordination mechanism through Regulations

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The NICOC is responsible for the coordination of intelligence and counterintelligence between the various intelligence entities in South Africa. According to Ntshavheni, several factors have inhibited NICOC from functioning effectively, but the “major inhibiting factor,” says the Minister, “was the discretionary approach adopted by national intelligence structures regarding the obligation to supply intelligence to NICOC.”

The Minister revealed further that this had been a challenge since 1994, one which has been highlighted by several commissions of inquiry “as a key contributing negative factor in intelligence coordination.”

However, the Minister noted that after consultation with the Cabinet and Joint Standing Committee on Intelligence (JSCI), she issued the Regulations on Intelligence Coordination in terms of the National Strategic Intelligence Act, 1994 (Act 39 of 1994) as amended.

“These Regulations compel National Intelligence Structures to honour their legislative mandates of supplying intelligence to the NICOC. They also outline appropriate interventions to be undertaken when National Intelligence Structures default on their legislated mandates. This intervention is appropriately geared to ensure improvement in coordination of intelligence in line with the legislative injunction,” said the Minister.

Additionally, Ntshavheni reiterated that despite their being a legislative requirement, “there has never been any regulations on Intelligence Coordination.” The regulations were initially submitted to the JSCI of the 6^th Parliament and have since finally been issued.

When asked for comment, Myburgh noted, “it is of great concern to all of us that NICOC has been a shadow of its former self, and that intelligence co-ordination is not nearly at acceptable levels. We urgently need to ensure that the safety, security and prosperity of all South Africans is guaranteed through the proper and professional co-ordination of intelligence products.”

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