Public Service Commission Act, 1997
R 385
Defence Act, 2002 (Act No. 42 of 2002)Chapter 6 : Defence Intelligence39. Notification of security clearance or refusal thereof |
| 1) | The Secretary for Defence must give written notice to every member or employee in respect of whom a determination has been made in terms of section 37(4). |
| 2) |
| a) | Subject to paragraph (b), the Secretary for Defence must, in writing, furnish every member or employee whose security clearance or particular grade of security clearance has been refused, downgraded or withdrawn with the grounds and reasons for such refusal, downgrading or withdrawal. |
| b) | No person may reveal any counterintelligence measure taken, any source of information or the identity of any person involved in the collection or giving of information with regard to a security screening, investigation and evaluation, or allude to it in a manner which will enable a person to identify it. |
| 3) | No security clearance or specific grade of security clearance may be refused, downgraded or withdrawn without the member or employee who will be affected thereby being afforded reasonable opportunity to present information regarding such matter. |
| 4) |
| a) | Within 14 days after having received the grounds and reasons contemplated in subsection (2)(a), the member or employee concerned may lodge a written objection against the refusal, downgrading or withdrawal, as the case may be, with the Secretary for Defence and furnish the Secretary for Defence with such written representations, statements and documents as the member or employee deems necessary for a review by the Review Board. |
| b) | The Secretary for Defence may on application to it in writing by a member or employee extend the period referred to in paragraph (a) by a further period of 14 days. |
| c) | The Secretary for Defence must upon receipt of any objection contemplated in paragraph (a) forthwith furnish to the Review Board— |
| i) | the objection and all supporting documents and any representations; |
| ii) | the grounds and reasons referred to in subsection (2)(a); |
| iii) | any other document, information or particulars which it considered in making the decision in question; |
| iv) | any additional reasons which it deems necessary to furnish to the Review Board. |
