Namibia Central Intelligence Service Act, 1997
Act 10 of 1997
- Published in Government Gazette no. 1699 on 7 October 1997
- Assented to on 22 September 1997
- Commenced on 5 June 1998 by Proclamation of 1998
- [This is the version of this document from 7 October 1997 and includes any amendments published up to 6 October 2022.]
1. DefinitionsIn this Act, unless the context otherwise indicates -“Account” means the Account which continues to exist in terms of section 10;“agency” means an agency as defined in section 1(1) of the Public Service Act, but, for the purposes of this Act, does not include the Service;“classified information” means information of such a sensitive nature and value that the unauthorised publication or disclosure thereof would lead to a security risk being posed to the State;“Commission” means the Public Service Commission established in terms of Article 112(1) of the Namibian Constitution;“direction” means -(a)for the purposes of section 19, a direction issued by a judge under subsection (1) of that section; or(b)for the purposes of sections 24, 25 and 26, a direction issued by a judge under subsection (2) of section 24;“directive” means a directive made under section 33(2);“Director” means the Director referred to in section 3(b);“Director-General” means the Director-General referred to in section 3(a);“evaluate” means the process of determining and assessing whether information is possibly correct, probably correct or factually correct;“judge” means a judge of the High Court of Namibia;“Means Committee” means the Means Committee referred to in section 29(1)(b);“ministerial intelligence” means information which relates to any power, duty or function concerning the security of Namibia which by or under any law has been entrusted to any office, ministry or agency, and which information may be required by that office, ministry or agency in the performance of any such power, duty or function;“ministry” means a ministry as defined in section 1(1) of the Public Service Act;“misconduct” means -(a)the commission of any offence; or(b)a contravention of or failure to comply with any provision of this Act which does not constitute an offence;“monitor” includes the recording of conversations by means of a monitoring device;“monitoring device” means any instrument, device or equipment which is used or can be used, whether by itself or in combination with any other instrument, device or equipment, to listen to or record any image or conversation;“National Intelligence Act” means the National Intelligence Act, 1987 (Act 19 of 1987);“office” means an office as defined in section 1(1) of the Public Service Act;“Personnel Committee” means the Personnel Committee referred to in section 29(l)(a);“postal article” means any letter, post-card, reply post-card, lettercard, newspaper, book, packet, pattern or sample packet or any parcel or other article in transit by post, and includes a telegram when conveyed by post;“prescribed” means prescribed by regulation, directive or staff rule;“Public Service Act” means the Public Service Act, 1995 (Act 13 of 1995);“regulation” means a regulation made under this Act;“security clearance” means an authorisation entitling a person to have access to information of a determined sensitivity or classification;“security intelligence” means information which relates to or may be relevant to any internal or external threat or potential threat to the security of Namibia in any field;“security vetting investigation” means a systematic procedure used to examine and appraise a person to determine his or her security competence, including the continued monitoring thereof;“sensitive information” includes any information -(a)which is likely to disclose the identification of, or provide details of, sources of information, other assistance or operational methods available to the Service;(b)which relates to particular operations which have been, are being or are proposed to be undertaken by the Service in pursuance of any of its functions; or(c)which has been provided by an agency of a foreign government where that agency or government does not consent to the disclosure of the information;“Service” means the Namibia Central Intelligence Service mentioned in the first column of Schedule 3 to the Public Service Act and constituted in terms of section 3 of this Act;“staff member” means a staff member referred to in section 3(c);“staff rule” means a staff rule made under section 33(2)(d);“telecommunications system” includes any apparatus, instrument, pole, mast, wire, pipe, pneumatic or other tube, thing or means which is or may be used for or in connection with the sending, conveying, transmitting or receiving of signs, signals, sounds, communications or other information;“this Act” includes the regulations, directives and staff rules made thereunder;“threat to the security of Namibia” means -(a)any activity relating to espionage, sabotage, terrorism or subversion or intention of any such activity directed against, or detrimental to the interests of, Namibia, and includes any other activity performed in conjunction with any activity relating to espionage, sabotage, terrorism or subversion, but does not include any lawful advocacy, protest or dissent not performed in conjunction with any such activity;(b)any activity directed at undermining, or directed at or intended to bring about the destruction or overthrow of, the constitutionally established system of the Government;(c)any act or threat of violence or unlawful harm that is directed at or intended to achieving, bringing about or promoting any constitutional, political, industrial, social or economic objective or change in Namibia, and includes any conspiracy, incitement or attempt to commit any such act or threat; and[There is a problem with the verb forms (“achieving, “bringing about”, “promoting”) which fit with the phrase “directed at” but not the phrase “intended to”.](d)any foreign influenced activity within or related to Namibia that -(i)is detrimental to the interests of Namibia; and(ii)is clandestine or deceptive or involves any threat whatever to the State or its citizens or any other person lawfully resident in Namibia;“vettable post” means a post in any office, ministry or agency requiring the holder thereof to have in the performance of his or her official duties access to sensitive or classified information.
2. Application of ActUnless the context otherwise indicates, the provisions of this Act shall apply in respect of the Director-General, the Director and all staff members, irrespective of whether they work in or outside Namibia.
3. Composition of ServiceThe Namibia Central Intelligence Service established in terms of the Namibian Constitution shall consist of -
4. General powers of PresidentThe President may, subject to the provisions of the Namibian Constitution, and in particular Article 27(2) thereof, and of this Act, do or cause to be done all things which in his or her opinion are necessary for the efficient superintendence and control of, and the action by and functioning of, the Service.
5. Powers, duties and functions of Service
6. Powers, duties and functions of Director-General
7. Powers, duties and functions of DirectorThe Director shall be the administrative head of the Service and shall, notwithstanding any other powers conferred or duties imposed upon him or her by or under this Act or any other law, but subject to the control and directions of the DirectorGeneral, be accountable for the efficient management, administration and control of the Service.
8. Appointment, promotion, discharge, demotion and transfer of staff members
9. Powers, duties and functions of staff members
10. Account and opening of bank accounts
11. Utilisation of moneys in AccountThe moneys in the Account shall be utilised for the defrayment of expenditure in connection with -
12. Control of AccountNotwithstanding anything to the contrary contained in any law, but subject to the provisions of this Act, the Account shall be under the control of the Director who shall -
13. AuditThe Account shall, subject to the provisions of section 25(3) of the State Finance Act, 1991 (Act 31 of 1991), be audited by the Auditor-General.
14. Investment of balancesNotwithstanding the provisions of section 11, moneys standing to the credit of the Account which are not required for immediate use or as a reasonable working balance, may, with the prior written approval of the Director-General, but subject to the other provisions of this Act, be invested by the Director in the prescribed manner.
15. Unexpended balances in AccountNotwithstanding anything to the contrary contained in any law, any unexpended balance in the Account at the close of any financial year, including accrued interest on investment balances and other receipts, shall be carried forward as a credit in the Account to the next succeeding financial year.
16. Restriction on inspection, investigation, revision and auditNotwithstanding anything to the contrary contained in any law, no inspection, investigation, revision or audit which in terms of any law has to be or may be done in connection with any matter or document concerning the Service or the Account, shall be done, unless the person who has to or may do such inspection, investigation, revision or audit has received a security clearance for that purpose.
17. Acquiring of services for particular task or period of timeThe Director-General may, subject to the provisions of this Act, obtain the service of any person, body or organisation for the performance of a particular service or for any particular period.
18. Exemption of service facilities of Service from certain taxes, duties and fees
19. Access to bank account of suspect
20. Prohibition of false representations as to association with ServiceAny person who, without the prior written approval of the Director-General, in connection with any activity carried on by him or her takes, assumes, uses or in any manner publishes any name, description, title or symbol indicating or conveying or purporting to indicate or convey or is calculated or is likely to lead other persons to believe or infer that such activity is carried on under or by virtue of the provisions of this Act or under the patronage of the Service, shall be guilty of an offence and on conviction be liable to a fine not exceeding N$8 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
21. Offences in connection with members of ServiceAny person, not being the Director-General or the Director or a staff member, who -
22. Prohibition of disclosure of identityAny person who has at his or her disposal information which he or she has obtained or to which he or she had access by virtue of -
23. Prohibition of access to premises of Service
24. Prohibition of interception and monitoring
25. Issue of direction
26. Execution of direction
27. Directives regarding applicationsThe Judge-President of the High Court of Namibia may, after consultation with the Director-General, issue directives in which the manner and procedure of applications in terms of sections 19(1) and (4) and 25(1) and (4) are regulated.
29. Continued existence of Personnel Committee and Means Committee
30. Functions of offices, ministries and agencies relating to security intelligenceIt shall be the duty of every office, ministry and agency that comes into possession of national security intelligence or other intelligence related information which may be of value to the Service for the purposes of effectively performing its functions, to transmit such intelligence and information without delay to the Service with an indication of the reliability of the source of such intelligence or information.
31. Employment of Service in times of emergencyThe President may during a state of emergency or of national defence contemplated in Article 26 of the Namibian Constitution employ the Service or any part thereof to counter any such emergency or to assist in the defence of Namibia, and may place the Service or any part thereof, while so employed, under the orders and directions of such person as he or she may for that purpose appoint.
32. Disclosure of information
33. Regulations, directives and staff rules
34. Delegation of powers and assignment of duties
35. Application of Labour Act, 1992, and Public Service Act, 1995, to ServiceNotwithstanding anything to the contrary contained in the Labour Act, 1992 (Act 6 of 1992), and the Public Service Act, 1995 (Act 13 of 1995), the provisions of -
36. Limitation of actions, notification of proceedings and cause of action, and service of certain process
37. Repeal and amendment of laws, and savings
38. Short title and commencementThis Act shall be called the Namibia Central Intelligence Service Act, 1997, and shall come into operation on a date to be fixed by the President by proclamation in the Gazette.
History of this document
05 June 1998
07 October 1997 this version
Published in Government Gazette number 1699
22 September 1997
Cited documents 5
Documents citing this one 25
- Access to Information Act, 2022
- Communications Act, 2009
- Criminal Procedure Act, 2004
- Director-General of Namibian Central Intelligence Service and Another v Haufiku and Others (SA 33 of 2018)  NASC 7 (12 April 2019)
- Director General of the Namibia Central Intelligence Service and Another v Haufiku and Others (107 of 2018)  NAHCMD 174 (18 June 2018)
- Financial Intelligence Act, 2012
- Labour Act, 2007
- Namibia Government Gazette dated 1997-10-07 number 1699
- Namibia Government Gazette dated 1998-06-05 number 1876
- Namibia Government Gazette dated 2004-12-08 number 3339
- Namibia Government Gazette dated 2004-12-24 number 3358
- Namibia Government Gazette dated 2005-10-15 number 3517
- Namibia Government Gazette dated 2005-12-12 number 3553
- Namibia Government Gazette dated 2007-07-20 number 3880
- Namibia Government Gazette dated 2007-12-31 number 3971
- Namibia Government Gazette dated 2009-11-16 number 4378
- Namibia Government Gazette dated 2010-04-26 number 4468
- Namibia Government Gazette dated 2012-12-14 number 5096
- Namibia Government Gazette dated 2014-10-13 number 5589
- Namibia Government Gazette dated 2017-10-25 number 6450
- Namibia Government Gazette dated 2017-10-27 number 6451
- Namibia Government Gazette dated 2022-12-28 number 7986
- Namibia Refugees (Recognition and Control) Act, 1999
- Whistleblower Protection Act, 2017
- Witness Protection Act, 2017