Steps are being taken to instil an appreciation of the law and the importance of human rights in intelligence gathering, Minister of Intelligence Ronnie Kasrils said on Thursday.
”However one chooses to frame the events of the past year, it is clear that members of NIA [National Intelligence Agency], instructed by the former DG [former director general Billy Masetlha], broke the law and undermined the Constitution,” he told MPs in the National Assembly.
Kasrils said the recent finding by the inspector general of intelligence [IG] that Masetlha deliberately misled and lied to both himself [Kasrils] and the IG about the nature of the surveillance of businessman Saki Macozoma was shocking.
”The former DG refused to cooperate with the IG and concealed his involvement in the [hoax] e-mail scam.
”Because of the inherent risk of abuse of power, it is essential that the services should themselves be subject to extensive controls and oversight by the elected and duly appointed civil authority,” he said.
Parliament’s joint standing committee on intelligence (JSCI) was concerned that some members of the intelligence services were afraid to disobey what they considered to be unlawful instructions from their immediate managers for fear of intimidation.
Kasrils said much was being done to deepen understanding of the Constitution and the law within the intelligence services.
This had helped uplift morale, and he was particularly satisfied with the commitment of the new leadership of the NIA.
”I am pleased to report that a training curriculum, aimed at instilling an appreciation of the law and the importance of human rights in the conduct of intelligence, is being developed and will be piloted next year.
”In addition, I intend tabling for discussion in the JSCI a regulation on the coordination of intelligence that sets out in greater clarity the process and criteria for identifying subjects of investigation and the authorisation required.
”Above all, the people of our country can be confident that the decisive measures taken to stamp out the abuses of power that unfortunately occurred, will ensure that our services respect the law.”
Kasrils also corrected the ”misconception” that Masetlha’s rights were violated during the course of the IG’s investigation and that he was not afforded an opportunity to provide his version of events.
”The IG interviewed Masetlha formally only once, at the beginning of the investigation.
”At this meeting, Masetlha deliberately misled the IG and lied about the circumstances surrounding the Macozoma surveillance,” he said. — Sapa