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24 September 2008

I tendered my resignation as Minister for Intelligence Services to President Thabo Mbeki, which he accepted on 23 September 2008. My resignation comes into effect on 25 September and coincides with that of President Mbeki's. It follows from the National Executive Committee of the African National Congress's (ANC's) decision of 20 September 2008, to recall President Mbeki from his post and his subsequent acceptance of their request.

I took the decision to resign primarily because I am of the view that members of Cabinet specifically serve at the pleasure of the President that appointed them. I was appointed as Minister for Intelligence Services by President Mbeki during his term of office and I therefore believe that it is necessary to step aside so as to allow the new President to select his own Cabinet in an unencumbered manner. In addition, I am resigning from Parliament and therefore have informed the President-elect, Mr Kgalema Motlanthe, that as much as I support and respect him, I am unavailable for reappointment.

In resigning, I do so fully conscious of my responsibilities and duties to our Government, the State, and the people of South Africa. I therefore undertake to co-operate with the incoming Minister and administration in respect of ensuring the necessary smooth handover that is required. In so doing, I have endeavoured to ensure that the morale and discipline of my Ministerial staff and the Civilian Intelligence Services, for which I have been responsible, is upheld.

I wish to express my sincerest gratitude to President Mbeki for his
inspired leadership and for the confidence that he placed in me by appointing me to Ministerial positions during his two terms of office. I want to thank the heads of the services and all their members for the support that they provided me in fulfilling my Ministerial responsibilities, which I carried out to the best of my ability, in accordance with the Constitution and my oath of office. I wish the incoming President and my successor at the Ministry for Intelligence Services every success with the important tasks that lie ahead. I will be available as a private citizen to assist them if they call on me to do so.

On a final note, whilst the challenges no doubt remain, I take leave of my Ministerial portfolio, in the belief that significant progress has been made in implementing the programme adopted in 2004. The details in this regard - including the finalisation of the public Report of the Ministerial Review Commission are set out in the attached document.

Ronnie Kasrils, Ministry for Intelligence Services:
Progress and Achievements, 2004 to 2008

I believe that significant progress has been made in implementing my programme of action for the Civilian Intelligence Services, adopted in 2004, which sought to build first class intelligence services fit for a South African democracy in the 21st century. Central to this programme was a focus on the development of the professional capacity of the services which aimed to strengthen the effectiveness and the legality and propriety of their activities - so as to better enable them to address the complex security threats of a globalised world. The details of this programme are as follows:

Strengthening Effectiveness

In respect of strengthening effectiveness, the services undertook to boost their performance by ensuring that their resources and activities were concentrated on their core business, reflected in the main pillars of the Intelligence Cycle - what I termed as the 'Holy Trinity' of their existence - through the collection of quality information; its sophisticated analysis and assessment and its timely presentation to policymakers.

Flowing from this, ten priorities for action were then identified through which the success of this programme could be judged, concretely demonstrating that the services were recording measurable progress, giving value for money and were determined to make a difference. Within these ten priorities, two in particular were vital. These were concerned with the optimal use of resources, by ensuring that sufficient funds are allocated to core business through adjustments to personnel, operational and capital expenditure ratios; and the targeted recruitment, strategic placement and ongoing training of members.

Much was done to ensure that the services decisively met these priorities. This in turn freed up the necessary financial resources and created the requisite capacity to enable them to make great strides in meeting all of the other priorities. These were largely concerned with improving the quality of intelligence outputs required to deliver on their respective mandates. As a result, the performance of the services has indeed been improved since 2004, as was demonstrated by the critical operational breakthroughs achieved and the positive feedback received from policymakers, who commended the growing value of their intelligence products. Where there were deficiencies, lessons have been subject to intensive interrogation so as to remedy the shortcomings.

Strengthening Legality and Propriety

In respect of strengthening legality and propriety, this programme also emphasised the need to ensure that services operate in a manner that promotes strict adherence to the Constitution, the rule of law and democratic values. Following the abuses committed by a small grouping of senior officers in the National Intelligence Agency (NIA) in 2005, a number of fundamental reforms were therefore undertaken in order to strengthen controls so as to limit the reoccurrence of such transgressions. These reforms are critical to rebuilding public trust in the work of the services, which was undermined by what had taken place.

The reforms introduced flowed directly from my 2005 ministerial injunction to the services following these events, encapsulated in the Five Principals for Professional Intelligence Officers which sought to remind all members that they (i) do not stand above the law; (ii) are accountable to the executive and Parliament; (iii) accept the principle of political non-partisanship; (iv) owe their loyalty to the Constitution, our people and the state; (v) maintain high standards in the performance of their functions.

The reforms include the development of a Civic Education Programme, which aims to shift mindsets and engender an institutional culture that promotes respect for the Constitution and the rule of law. They incorporate the wide-ranging internal controls that were subsequently instituted to strengthen compliance with the regulatory framework. They encompass the draft legislation that was placed before Parliament in 2008, namely the Protection of Information Bill that seeks to regulate the manner in which government information ought to be secured within an open and democratic society; and the two Amendment Bills to establish the National Communications Centre (NCC) as a separate organisational entity, providing for better supervision, control and oversight over its operations.

Ministerial Review Commission

The work underway has been comprehensively evaluated by the Ministerial Review Commission chaired by Mr Joe Matthews, which was appointed in 2006. The Commission was established as an independent body that was expected to produce a Public Report with practical recommendations on strengthening mechanisms of control over the services to ensure full compliance and alignment with the Constitution, constitutional principles and the rule of law, so as to minimise the potential for illegal conduct and abuse of power. Indeed, their Terms of Reference emphasised the independence of the Commission in respect of a Public Report.

In addition, the Terms of Reference identified the following topics for consideration: executive control of the services; control mechanisms relating to intelligence operations; intrusive methods of investigation and the funding of covert operations; political and economic intelligence; political non-partisanship of the services and the balance between secrecy and transparency.

On 7 August 2008, the Commission presented me with their Report, which is an extraordinary accomplishment. It runs 300 pages, covering the critical issues in a thoughtful manner, making compelling recommendations for further intelligence reform, drawing on international experience but rooted principally in our Constitution. It identifies a number of areas where the Commission believes that the intelligence dispensation is not in compliance with the Constitution and the legislation; it highlights aspects in which executive and other controls should be strengthened; and it makes proposals for addressing these gaps.

Given that the Report comments on and quotes from classified intelligence documents, it was necessary for me to consider very carefully whether national security would be compromised by the disclosure of this information. In the light of this, I therefore requested the Commission to remove two quotes dealing with intelligence methods from the public version of the Report and to raise the issues in question with me on a confidential basis. The Commission was willing to comply with this request; they have made the necessary amendments and their Report has now been finalised.

I am satisfied that the Commission's Report is ready for public release and that it does not contain any information, which will compromise national security. The publication of the Report is now in the hands of the Commission. In this regard, our Constitution emphasises accountability, transparency and openness, which constitute the essence of democratic governance. These principles were entrenched in our Constitution precisely because they empower citizens, protect their rights and help prevent abuse of power. They apply as much to the intelligence services as to any other organ of state, as an informed public is good for democracy and a state that engages with its citizens on such matters will no doubt build the necessary confidence and trust, which is so fundamental to the work of their services.

Whilst there are aspects of the Commission's Report that are positive, there are, however, others that are critical of the services. This is nothing to be ashamed of as criticism and self-criticism are signs of a strong and healthy democracy that is committed to improvement and progress. Indeed, I am convinced that the release of the Report will be in the public interest, as it will serve to enhance debate, undoubtedly providing a platform for the introduction of further reforms so as to firmly secure the first class intelligence services, which South Africa requires.

That said, I do not necessarily agree with all of the Commission's findings or recommendations. At the time of my resignation, I had initiated an internal process with the services to consider and respond to them. This process is not as yet complete and would therefore have to be taken forward by a new Minister. I have therefore tabled the Commission's Report with the Cabinet for this purpose.

Ronnie Kasrils, MP, Minister for Intelligence Services

Further enquiries:
Lorna Daniels
Ministerial Spokesperson
Cell: 082 418 3389

Issued by: Government Communications (GCIS) on behalf of Intelligence Services
24 September 2008