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

Intelligence Services Regulations, 2003

Chapter I : General Provisions

2. Delegations and Responsibilities

 

 

1) Application of the Regulation
a) To enable the Director-General or the CEO, as the case may be, to manage his or her Intelligence Service or Academy effectively and efficiently, the Minister must provide the Director-General and the CEO with appropriate powers and authority. For the same purpose, a Director-General or the CEO, as the case may be, must empower members in the Intelligence Services or the Academy as the case may be, by means of appropriate delegations and authorisations, where necessary.
b) The Minister must set measurable objectives for the Intelligence Services and the Academy, optimally utilise the Intelligence Services' and the Academy's human and other resources and apply fair labour practices.
c) The Director-General or the CEO, as the case may be, must set objectives to —
i) promote a strong organisational culture that reflects high standards, professionalism and moral integrity; and
ii) constantly improve the objectivity, timeliness and accuracy of information and the quality of either its intelligence estimates and/or its core functions, as the case may be.

 

2) Delegations
a) If these Regulations confer a power or impose a duty upon the Minister, a Director-General or the CEO, as the case may be, he or she may, subject to the Act
i) delegate the power to a member or authorise a member to perform the duty; and
ii) set conditions for the exercise of the power or performance of duty.
b) The Minister must record a delegation or authorisation in writing and may incorporate it in an employment contract for the Director-General or the CEO, as the case may be.
c) The delegation of power by the Minister, a Director-General or the CEO, as the case may be, does not prevent him or her from exercising the power personally.

 

3) Responsibilities
a) The Minister must uphold the applications and measures set out in these Regulations.
b) The Minister may not require or permit a Director-General, CEO, or any other member, as the case may be, to engage in an activity or take a decision in breach of these Regulations.
c) A Director-General or the CEO, as the case may be, must —
i) ensure that members within his or her intelligence Service or the Academy, as the case may be, comply with these Regulations and any other statutory obligations: and
ii) deal immediately and effectively with any breach thereof.