Basic Conditions of Employment Act, 1997
R 385
Intelligence Services Act, 2002 (Act No. 65 of 2002)Intelligence Services Regulations, 2003Chapter XXVI : Security Screening4. Security Investigation Procedures |
| 1) | The following procedures are applicable — |
| a) | a security screening investigating officer must gather all available information that might reasonably have a bearing on the outcome of a security clearance; |
| b) | the Director-General may request he fingerprints of all persons or members for verification by the South African Police Services (SAPS); |
| c) | the security screening investigating officer must, on behalf of the Intelligence Services or the Academy, as the case may be, request an applicant to submit the following — |
| i) | financial statements for at least three (3) months preceding the date of the security screening investigation; |
| ii) | certified copies of identity documents; |
| iii) | any other information or documents which may assist the security screening investigation officer to perform his or her duties. |
| d) | the security screening investigating officer must collect the necessary information by means of an in-depth interview with the applicant and the references; |
| e) | after gathering all the relevant information, the security screening investigating officer must evaluate the information, compile a report and make a recommendation for the attention of the General Manager with regard to the security competency of the applicant concerned; |
| f) | the General Manager must, upon receipt of the report, evaluate the facts presented to him or her and make a recommendation to the Director-General on the security competency of the applicant; |
| g) | the General Manager must, in the event of finding the applicant security incompetent, provide the Director-General with reasons for his or her finding; |
| h) | where the General Manager is unable to make a recommendation to the Director-General on the basis of the report presented to him or her the Director-General may refer the matter for recommendations to the Security Clearance Advisory Board (SCAB), established in terms of regulation 5; |
| i) | the Director-General must, after considering the recommendations of the General Manager or SCAB, as the case may be, evaluate the information presented to him or her, degrade, withdraw or refuse to grant a security clearance certificate; |
| j) | the applicant must, in writing be notified of the outcome of the security screening investigation: Provided that information which may be prejudicial to national security, criminal investigations, identity of sources and members, may not be disclosed to the applicant; |
| k) | any applicant may appeal against the decision of the Director-General, in terms of regulation 8; |
| l) | the security clearance level, if any, issued to an applicant in terms of regulation 4(1)(i) must — |
| i) | be specified in a certificate issued by the Director-General, which is, prima facie proof of the security clearance level; |
| ii) | remain in force until the next security screening investigation in respect of the applicant, or until such security clearance has lapsed, been downgraded or withdrawn; and |
| iii) | be subject to periodic revision at such times or intervals as the Director-General may determine from time to time. |
| 2) | The Director-General must determine the procedure applicable to different security clearance levels. |
