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25 July 2005

1. The President of the Republic of South Africa has under Section 84(2) of the Constitution (Act 108 of 1996) and in terms of Government Notice No. R317 dated 1 April 2005 published in the Government Gazette No.27446, appointed a Commission of Inquiry into the Mandate and Location of the Directorate of Special Operations.

The terms of reference of the Commission are - having regard to the Constitution and the relevant legislation, policies and guidelines - to inquire into, making findings, report on and make recommendations regarding the following matters:

1.1 The rationale behind the establishment of the Directorate of Special Operations (“DSO”) and its location;
1.2 The mandate of the DSO and an evaluation of the implementation thereof;
1.3 The systems for management, control, communication, oversight and accountability by the DSO;
1.4 The accountability, effectiveness, efficiency and oversight in respect of the intelligence operations of the DSO;
1.5 The Constitutional and legislative mandates of the South African Police Service (“SAPS”) and the intelligence agencies, with particular reference to their roles in respect of organised and high level priority crimes;
1.6 The systems for coordination and cooperation between the SAPS and the intelligence agencies on the one hand and the DSO on the other;
1.7 The efficacy of coordinating systems that exist between the above structures (DSO and the SAPS), including matters related to (1) the rationalisation of resources; (2) approaches to and standards related to training (3) minimising undue duplication; (4) the coordination of operations; (5) priority setting mechanisms; (6) liaison with foreign law enforcement and intelligence structures and where relevant private sector entities; and (7) the impact of locating investigators and prosecutors within the National prosecuting Authority; and
1.8 The need to review the present legislative framework and to make recommendations on; (a) remedial actions, if any to address deficiencies identified in line with the terms of reference; (b)various options regarding the suitable location of the DSO, including the appropriate legislative framework.

2. The Khampepe commission would like to announce that an interim report has been submitted to the President on the 22 July 2005. Regulation 15 regulating this commission precludes us from discussing the contents of the report.

Regulation 15 reads as follows: “ no person shall , except in so far as shall be necessary in the execution of the terms of reference of the Commission, publish or furnish any other person with the report or any interim report of the commission or a copy or apart thereof or information regarding the consideration of evidence by the Commission for publication before the expiration of a period of 14 days after it has been submitted to the President: Provided that the President may authorise publication of any such report before the expiration of that period.”

3. There has been a remarkable response relating to invitations for submissions. As previously reported, the Commission received 40 submissions. Regrettably a number of the submissions were received outside the cut – off date but reasons were forwarded before the 17 June 2005. The commission is satisfied about the reasons advanced and have condoned the late submissions.

4. The Commission has studied and considered the submissions. In the light of the inadequacy of information on cardinal aspects adverted to hereinabove, the request for further particulars has been sent to relevant submitters including principal stakeholders. It is therefore envisaged that the Commission will receive further particulars from the submitter by the 12th August 2005. We are very hopeful that the time provided is enough to allow the submitters to attend to issues that are critical to the aspects relating to the terms of reference as indicated above.

5. It is conceivable that hearings, in terms of the Commissions Act no: 8 of 1947 read with the regulations, will be held. Relevant notices in this regards will be issued in due course.

Enquiries:
Magata Kaizer Kganyago
Cell: 082 466 3053

Issued by: Khampepe Commission
25 July 2005