INLSA

David Maynier

Sue Segar

Political Bureau

A proposed new “spy bill” has triggered fresh fears that the Zuma government is set on creating a security state similar to that which existed in Communist East Germany, where the secret service, the Stasi, existed to keep tabs on opponents and critics of the governing party.

Significantly, the proposed Intelligence General Laws Amendment Bill would, among other things, allow the secret services to tap the private communications of ordinary citizens without a warrant.

It would also formalise the amalgamation of the National Intelligence Agency, which focuses on domestic intelligence, and the SA Secret Service, which collects foreign intelligence, into a single, centralised and powerful intelligence body, the State Security Agency (SSA).

Also to be absorbed in the proposed structure is the interception centre, the National Communications Centre, a hi-tech facility designed to intercept electronic communications.

A key criticism of the bill is that it does not take into account the recommendations of the Matthews Report of 2008, which was commissioned by former Intelligence Minister Ronnie Kasrils and which highlights the need for reforming the intelligence services.

Kasrils is concerned about the government’s failure to heed the recommendations, which included tightening control over the involvement of intelligence agencies in domestic political affairs.

DA defence spokesman David Maynier said the proposed bill signalled that a process of “Stasification” was under way in the state security department.

The concerns come in the wake of other legislation in the pipeline that makes the state more secretive, strengthens the role of spies and makes ordinary citizens more vulnerable. Among these is the highly contested Protection of State Information Bill, also known as the secrecy bill.

Murray Hunter, national co-ordinator of the Right2Know Campaign, said he feared the draft intelligence bill foreshadowed the resurgence of a shadow state.

“This new bill – along with the secrecy bill – demonstrates that we have a state security cluster in the government which is operating with not very much scrutiny and accountability to the public. Both bills stem from the wide mandate the spooks have given themselves to be the watchdogs of civil society and the general public.

“A large part of government is doing its work in the shadows, and seems to be legislating to increase its powers and to protect itself from scrutiny.”

Hunter also warned that the public had very little ability to monitor the monitors.

“This is a bill which must be closely watched. It is an example of how the state security cluster has a tendency to overreach in its attempts to consolidate its power.”

Institute for Security Studies Cape director Hennie van Vuuren said the processing of the bill should be seen in the context of the secrecy bill. “It is clear that the securocrats around State Security Minister Siyabonga Cwele have not only an interest but the intention to ensure that they have more powers and greater ability to both restrict the free flow of information and monitor the communication of citizens.”

Van Vuuren called for proper public hearings into the bill.

Maynier, who will sit on the ad hoc committee dealing with the bill, said the DA would demand an open and transparent process.

“The establishment of the State Security Agency, according to government’s own policy on intelligence, not only brings back the old dispensation but is also out of line with international trends,” Maynier said.

“This is a major about-turn in government policy on intelligence. It seems to take us back to the bad old days of the Bureau of State Security.”