There is no reason for concern over the activities of the National Communications Centre, according to Inspector-General of Intelligence Zolile Ngcakani.
He was responding to questions on the report of a government commission, released in September, that found the NCC "appears to be involved in signals monitoring that is unlawful and unconstitutional".
The NCC is the government's facility for intercepting electronic signals transmitted via satellite, used by the intelligence community to keep an eye on individuals and organisations identified for monitoring.
The Matthews Commission, appointed by former intelligence minister Ronnie Kasrils to review of South Africa's intelligence services, said the NCC would be acting unconstitutionally and unlawfully if it intercepted communication without judicial authorisation.
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"This currently appears to be the case," the commission said.
It said interim operational procedures introduced by Kasrils did not address this concern.
Asked if he agreed with the "unlawful and unconstitutional" assessment, Ngcakani said: "The interim ministerial directives create a basis for the lawful operations of the NCC and which are constitutionally aligned [sic].
"It further provides a basis for proper oversight by the Inspector-General of Intelligence.
"As a consequence thereof and that of our routine oversight, programmes of the NCC are subject to rigid scrutiny by the OIGI [Office of the Inspector-General]."
Asked the same question, the intelligence ministry simply said Minister Siyabonga Cwele was "processing" the commission report.
This would include presenting the document - which is available on the internet - to Cabinet and parliament's intelligence committee.
Two bills, which among other things will formally establish the NCC as a separate government department, were tabled in parliament by Kasrils last year, but were withdrawn.
The centre is currently part of the National Intelligence Agency.
The ministry said the bills would be reintroduced next year.
In the interim, the NCC would continue to function under the internal controls and the oversight of the minister, the Inspector-General and the parliamentary intelligence committee. - Sapa
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