Acts Online
GT Shield

Intelligence Services Act, 2002 (Act No. 65 of 2002)

Chapter II : Establishment, Composition and Organisation of Agency

19. Transfer and discharge of members on account of public interest, secondment of members, and temporary employment of other persons

 

 

(1) If it is in the public interest, the Minister may—
(a) transfer any member from the post held by him or her to any other post—
(i) in the Agency;

[Subparagraph (1)(a)(i) substituted by section 31(a) of Act No. 11 of 2013]

(ii) in any entity or establishment under the political control of the Minister; or
(iii) in another department, if the Minister responsible for the department in question has granted his or her approval,

whether or not such post is of a lower grade than that of the post held by him or her, and whether or not such post is within or outside the Republic: Provided that –

(aa) upon such transfer the member’s salary and salary scale and such benefits as may be approved by the Minister, may not be reduced or altered without his or her consent, except in accordance with sections 17 and 18;
(bb) such transfer to another department, entity or establishment is subject to the conditions imposed by any law governing that transfer; and
(cc) a member may not without his or her consent be transferred to a post outside the Agency if such transfer will, save for his or her salary, result in a change in his or her conditions of service;

[Item (1)(a)(iii)(cc) substituted by section 31(b) of Act No. 11 of 2013]

(b) discharge any member from the Agency on such conditions as the Minister may determine.

[Paragraph (1)(b) substituted by section 31(c) of Act No. 11 of 2013]

 

(2) The Minister may, with the consent of a member and upon such conditions as the Minister may determine, second a member, for the performance of a particular service or for a specified period, to the service of any other department, or to any other authority, board, entity, establishment, institution or body, but, while so seconded, the member remains subject to this Act and any other law which applies to him or her.

[Subsection (2) substituted by section 31(d) of Act No. 11 of 2013]

 

(3) The Minister may by contract engage any person for the performance of a particular service, or for any period and on such terms as the Minister may deem fit.

 

(4) Subject to subsection (3) the Minister may determine that a person engaged on contract be designated as a member for the duration of the contract.