First published on The Daily Maverick
South Africa’s proposed General Intelligence Laws Amendment Bill is raising significant concerns about the expansion of state surveillance powers and potential threats to civil liberties. While the bill aims to reform the State Security Agency (SSA) following recommendations from inquiries into state capture, critics argue that it introduces problematic changes that could enable intrusion into national politics and private lives.
The legislation broadens the definition of national security, allowing the SSA to act on vaguely defined “opportunities” and “potential opportunities.” This expansion could permit the agency to interfere in areas beyond traditional security concerns. The bill also grants extensive vetting powers, enabling the SSA to investigate any person or institution of “national security interest,” a term left open to interpretation.
A particularly contentious aspect is the provision for bulk interception of digital communications, potentially subjecting all citizens to covert surveillance. While the Constitutional Court previously halted such practices, the new bill would legalize them without establishing sufficient safeguards against abuse.
Critics point out that the bill fails to address crucial oversight gaps. The Inspector-General of Intelligence and the Joint Standing Committee on Intelligence, meant to hold the SSA accountable, lack the necessary independence and authority to effectively monitor the agency’s activities.
The bill’s journey through Parliament is seen as a test of democratic processes, with over 23,000 public responses overwhelmingly calling for it to be scrapped or significantly altered. As it stands, the proposed legislation raises serious questions about the balance between national security and civil liberties in South Africa, potentially creating a framework that could be misused for political control and suppression of dissent under the guise of combating financial crimes and terrorism.
