Public Service Commission Act, 1997
R 385
Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)Chapter 1 : Financial Intelligence Centre12. Security screening of staff of Centre other than Director |
| (1) | No person other than the Director may be appointed or seconded to perform any of the functions of the Centre unless— |
| (a) | information with respect to that person has been gathered in a vetting investigation by the State Security Agency referred to in section 3 of the Intelligence Services Act, 2002 (Act No. 65 of 2002); and |
[Section 12(1)(a) substituted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
| (b) | the Director, after evaluating the gathered information, is satisfied that such person may be so appointed without the possibility that such person might be a security risk or that he or she might act in any way prejudicial to the objectives or functions of the Centre. |
| (2) | If the Director is so satisfied, the Director must issue a certificate with respect to such person in which it is certified that such person has successfully undergone a security clearance. |
| (3) | Any person referred to in subsection (1) may at any time determined by the Director be subjected to a further security screening investigation as contemplated in subsection (1)(a). |
| (4) | The Director may withdraw a certificate referred to in subsection (2) if the Director obtains information from an investigation referred to in subsection (3) which, after evaluation by the Director, causes the Director to believe that the person in question could be a security risk or could possibly act in any manner prejudicial to the objectives or functions of the Centre. |
| (5) | If the certificate referred to in subsection (2) is withdrawn, the person concerned may not perform any functions of the Centre and the Director must discharge him or her from the Centre. |
