The functions of the Committee are—
| (a) |
notwithstanding anything to the contrary contained in any other law or the common law, to obtain from— |
| (i) |
the Auditor-General an audit report compiled in accordance with section 22 of the Public Audit Act, 2004 (Act No. 25 of 2004), and after obtaining the report, to consider— |
| (aa) |
the financial statements of the Services and the Office; |
[Section 3(a)(i)(aa) substituted by section 10(b) of Act No. 11 of 2013]
| (bb) |
any audit reports issued on those statements; and |
| (cc) |
any reports issued by the Auditor-General on the affairs of the Services and the Office, |
[Section 3(a)(i)(cc) substituted by section 10(c) of Act No. 11 of 2013]
and report thereon to Parliament;
[Section 3(a)(i) substituted by section 10(a) of Act No. 11 of 2013]
| (ii) |
the Evaluation Committee a report on the secret services and intended secret services evaluated and reviewed by it, together with any comments or recommendations which the Evaluation Committee may deem appropriate; |
| (iii) |
any designated judge as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002), a report regarding the functions performed by him or her in terms of that Act, including statistics regarding such functions, together with any comments or recommendations which such designated judge may deem appropriate: Provided that such report shall not disclose any information contained in an application or direction contemplated in section 3 of that Act; |
[Section 3(a)(iii) substituted by section 10(d) of Act No. 11 of 2013]
| (iv) |
the Ministers responsible for the Services and the Office, a report regarding the budget for each Service or the Office, as the case may be; |
[Section 3(a)(iv) substituted by section 10(e) of Act No.11 of 2013]
| (b) |
to consider and make recommendations on the report and certificate transmitted to it in terms of section 7(7)(d); |
| (c) |
to consider and make recommendations on all proposed legislation relating to a Service and any other intelligence and intelligence-related activities, and to initiate legislation in connection with such Service, intelligence and activities; |
| (d) |
to review and make recommendations on regulations made under section 6 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), and regulations regarding the intelligence and counter-intelligence functions of the Agency, made under section 37 of the Intelligence Services Act, 2002 (Act No. 65 of 2002), section 82 of the Defence Act, 2002 (Act No. 42 of 2002), or section 24 of the South African Police Service Act, 1995 (Act No. 68 of 1995); |
[Section 3(d) substituted by section 10(f) of Act No. 11 of 2013]
| (e) |
to review and make recommendations regarding interdepartmental co-operation and the rationalisation and demarcation of functions relating to intelligence and counter-intelligence between the Agency, the National Defence Force and the South African Police Service; |
[Section 3(e) substituted by section 10(f) of Act No. 11 of 2013]
| (f) |
to order investigation by and to receive a report from the Head of a Service or the Inspector-General regarding any complaint received by the Committee from any member of the public regarding anything which such member believes that a Service has caused to his or her person or property: Provided that the Committee is satisfied that such complaint is not trivial or vexatious or made in bad faith; |
[Section 3(f) amended by section 3(c) of Act No. 66 of 2002]
| (g) |
to refer any matter in relation to a Service or intelligence activity which comes to its attention and which it regards as relevant to the promotion of, respect for, and protection of the rights entrenched in Chapter 2 of the Constitution to the South African Human Rights Commission referred to in section 184 of the Constitution, and to receive a report from such Commission concerning the matter; |
[Section 3(g) substituted by section 3(c) of Act No. 42 of 1999]
| (h) |
to consider and make recommendations regarding any matter falling within the purview of this Act and referred to it by the President, any Minister responsible for a Service or Parliament; |
[Section 3(h) substituted by section 3(d) of Act No. 66 of 2002]
| (i) |
to request the officials or bodies referred to in paragraphs (a), (b) and (f) to explain any aspect of a report; |
[Section 3(i) substituted by section 3(b) of Act No. 31 of 1995]
| (j) |
to deliberate upon, hold hearings, subpoena witnesses and make recommendations on any aspect relating to intelligence and the national security including administration and financial expenditure; |
[Section 3(j) substituted by section 3(e) of Act No. 66 of 2002]
| (k) |
to consult with any member of the Cabinet appointed in terms of the Constitution, regarding the performance of the functions of the Committee in terms of this Act. |
| (l) |
to consider and report on the appropriation of revenue or moneys for the functions of the Services and the Office. |
[Section 3(l) substituted by section 10(g) of Act No. 11 of 2013]
Implementation of Geneva Conventions Act, 2012
