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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