KHAMPEPE COMMISSION: NIA INPUT

While putting the National Intelligence Agency’s (NIA) case to the commission, in terms of the roles, function and location of the Directorate for Special Operations (DSO), advocate Bizos (SC) was misinterpreted by some media. Advocate Bizos is under the brief of the NIA and will not act contrary to the client’s instructions.

The National Intelligence Agency strongly argues for oversight and control over the activities of the DSO. In NIA’s view such oversight and control can only be fully exercised through the DSO’s relocation to SAPS.

The NIA was invited as part of three principal stakeholders to give input on the role and functioning of the DSO, the other two principal stakeholders being the DSO itself and the South African Police Service (SAPS).

In order to ensure expert legal opinion, NIA solicited the services of Senior Counsel Advocate George Bizos (SC) to represent the Agency at the commission. Four options were put forward for the Commission’s consideration, with clear articulation of which was seen to be the most favourable. These options were submitted in a 31 page document as well as in oral presentation: The options are:

• Relocate the DSO and change its mandate: This option will go a long way in not only improving oversight and control but also ensuring that functions are performed in a coordinated manner among statutory structures. This is NIA’s recommended option.

• Relocate the DSO and maintain its mandate: While this option can ensure appropriate control and oversight, concerns with regards to overlap of DSO’s mandate with other statutory structures will still remain.

• Maintain the status quo: This option is not favourable as it leaves the DSO with no control nor oversight.

• Disband the DSO: This option is also not favourable as it may negatively affect the existence of skills located within the DSO that could be employed in the effective combating of crime.

Thank you.

BL Masetlha

Director General: NIA