MADLANGA J to describe various other functions, which include that the State Security Agency is authorised to: collect intelligence that may show threats to the Republic; supply such intelligence to other security agencies or governmental departments; liaise with other security agencies; and use the intelligence for analysis and other purposes. [132] At best for the Minister of State Security, section 2 is ambiguous. Section 39(2) of the Constitution obliges us not only to give effect to the object of legislation, but also to seek a meaning of the relevant provisions of a statute that promotes the spirit, purport and objects of the Bill of Rights.163 Thus, we must interpret section 2 of the NSIA in a way that best promotes the right to privacy. (2A) (3) (4) (e) to develop, design, procure, invent, install or maintain secure electronic communications systems or products and do research in this regard; and (f) to cooperate with any organisation in the Republic or elsewhere to achieve its objectives. When performing any function referred to in subsection (2)(b) the Agency is exempted from any licensing requirement contemplated in(a) the Broadcasting Act, 1999 (Act 4 of 1999); and (b) the Electronic Communications Act, 2005 (Act 36 of 2005). It shall be the function of the South African Police Service, subject to section 3(a) to gather, correlate, evaluate, co-ordinate and use crime intelligence in support of the objects of the South African Police Service as contemplated in section 205(3) of the Constitution; (b) to institute counter-intelligence measures within the South African Police Service; and (c) to supply crime intelligence relating to national strategic intelligence to [the National Intelligence Co-ordinating Committee]. The National Defence Force shall, subject to section 3(a) gather, correlate, evaluate and use foreign military intelligence, and supply foreign military intelligence relating to national strategic intelligence to the [National Intelligence Co-ordinating Committee], but the National Defence Force shall not gather intelligence of a non-military nature in a covert manner; (b) gather, correlate, evaluate and use domestic military intelligence excluding covert collection, except when employed for service as contemplated in section 201(2)(a) of the Constitution and under conditions set out in section 3 (2) of this Act, and (c) institute counter-intelligence measures within the National Defence Force. 163 See City of Tshwane Metropolitan Municipality v Link Africa (Pty) Ltd [2015] ZACC 29; 2015 (6) SA 440 (CC); 2015 (11) BCLR 1265 (CC) at paras 33-4. 70

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