Mr Speaker, hon President, hon Deputy President, hon members, the term of the present Inspector-General of Intelligence comes to an end on 31 December 2009. Section 210 of the Constitution, read with section 71 of the Intelligence Oversight Act, Act 40 of 1994, provides for the appointment of an Inspector-General of Intelligence to allow for the civilian monitoring of the activities of the intelligence services, including the intelligence division of the SA National Defence Force and the Police Service. The Inspector-General of Intelligence is appointed by the President, on approval of a resolution adopted by the National Assembly. Some of the functions of the Inspector-General are: To monitor compliance by the intelligence community with the Constitution of the country, applicable laws, and relevant policies on intelligence and counter-intelligence; and to review the intelligence and counter-intelligence activities of the intelligence services.
The Inspector-General can also be designated functions by the President and the various Ministers concerned. The Inspector-General can also receive and investigate complaints from members of the public and members of the intelligence services on any alleged maladministration, abuse of power, or transgressions of the Constitution, laws and policies. The Inspector- General also reports to the Joint Standing Committee on Intelligence on the work that he does.
The oversight Act specifically provides that the Inspector-General must be a fit and proper person with the necessary knowledge in intelligence, and he or she must serve impartially and independently, and perform his or her functions in good faith and without fear or favour, bias or prejudice.
The vacancy was extensively advertised and the Joint Standing Committee on Intelligence received 74 applications. Five candidates were eventually shortlisted, to be interviewed by the committee. On Tuesday, 10 November 2009, the committee interviewed five candidates in an open session. Finally, after a short deliberation, the committee unanimously agreed to recommend to this House Her Excellency Adv Faith Doreen Radebe for appointment to the position of Inspector-General of Intelligence.
Adv Faith Doreen Radebe was born in February 1952. She is married and has two children. She was admitted as an advocate of the High Court of South Africa in 1996. She has an LLB degree, and also holds a Masters degree in law, which she obtained in 1994 from Bond University in Australia. She has also obtained several certificates in various fields of training, including project management and leadership.
For the period 1995 to 1996 she worked as a legal adviser in the SA Secret Services. From 1999 to 2005 she worked within the intelligence community, inter alia for the Intelligence Services Council, for the National Intelligence Co-ordinating Committee, Nicoc, and the National Intelligence Agency, NIA. In 2005 Adv Radebe was appointed High Commissioner to the Caribbean Community, a position which she currently still holds.
The committee has found Her Excellency Adv Faith Doreen Radebe to be a fit and proper person to fill the vacancy and accordingly recommends her to be considered by the House for appointment by the President as Inspector- General of Intelligence. I wish to pass on a special word of thanks to the outgoing Inspector- General, Mr Zolile Ngcakani, for the work he has done. The Joint Standing Committee on Intelligence and I wish him well in his future endeavours. I also wish to thank all the staff who assisted in the process, and address a special word of thanks to all those hon members who serve on the Joint Standing Committee on Intelligence for their dedication and support throughout this process. I thank you. [Applause.]
There was no debate.
Question put: That the nomination of Adv F D Radebe for appointment as Inspector-General of Intelligence Services be approved.
AYES - 234: Abram, S; Adams, P E; Ainslie, A R; Baloyi, M R; Bam-Mugwanya, V; Bapela, K O; Bhengu, P; Bikani, F C; Blaai, B C; Bogopane-Zulu, H I; Bonhomme, T J; Borman, G M; Boshigo, D F; Bosman, L L; Botha, Y R; Burgess, C V; Carrim, Y I; Cebekhulu, R N; Chauke, H P; Chikunga, L S; Chohan, F I; Coetzee, T W; Coleman, E M; Cronin, J P; Davidson, I O; Diale, L N; Ditshetelo, I C; Dlamini, B O; Dlamini-Zuma, N C; Dlulane, B N; Doidge, G Q M; Doman, W P; Dubazana, Z S; Dube, M C; Dudley, C; Dunjwa, M L; Farisani, T S; Figlan, A M; Fihla, N B; Fransman, M L; Fubbs, J L; Gasebonwe, T M A; Gcwabaza, N E; Gelderblom, J P; George, D T; George, M E; Gigaba, K M N; Gina, N; Godongwana, E; Gololo, C L; Gona, M F; Greyling, L W; Gumede, D M; Gungubele, M; Hanekom, D A; Hangana, N E; Hogan, B A; Huang, S-B; Jeffery, J H; Johnson, M; Kalyan, S V; Kekane, C D; Kenye, T E; Kholwane, S E; Khumalo, F E; Kilian, J D; Kloppers-Lourens, J C; Kohler-Barnard, D; Komphela, B M; Kopane, S P; Krumbock, G R; Kubayi, M T; Landers, L T; Lebenya-Ntanzi, S P; Lekgetho, G; Lishivha, T E; Lorimer, J R B; Luthuli, A N; Luyenge, Z; Maake, J J; Mabasa, X; MacKenzie, G P D; Madasa, Z L; Mafolo, M V; Magama, H T; Magazi, M N; Magwanishe, G ; Mahlangu-Nkabinde, G L; Makasi, X C; Makhubela-Mashele, L S; Makhubele, Z S; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, M C; Mandela, Z M D; Manganye, J; Mangena, M S; Manuel, T A; Marais, S J F; Martins, B A D; Mashishi, A C; Masutha, T M; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matladi, M N ; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayende-Sibiya, N A; Maynier, D J; Mazibuko, L D; Mbalula, F A; Mbili, M E; Mdaka, M N; Mdakane, M R; Mdladlana, M M S; Mentor, M P; Mjobo, L N; Mkhize, H B; Mkhize, L N; Mmusi, S G; Mnguni, P B; Mnisi, N A; Mnqasela, M; Mocumi, P A; Mohale, M C; Molebatsi, M A; Moloi-Moropa, J C; Morgan, G R; Morutoa, M R; Motlanthe, K P; Motshekga, M S; Mpontshane, A M; Msimang, C T; Mthethwa, E M; Mtshali, E; Mufamadi, T A; Mushwana, F F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Nene, N M; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Nhlengethwa, D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; November, N T; Ntapane, S Z; Ntuli, Z C; Nxesi, T W; Nxumalo, M D; Nyama, M M A; Nyanda, M F; Nyanda, S; Nyekemba, E; Nzimande, B E; Oliphant, G G; Oliphant, M N; Oosthuizen, G C; Pandor, G N M; Petersen-Maduna, P; Poho, P D; Pretorius, P J C; Pule, D D; Rabie, P J; Rabotapi, M W; Radebe, B A; Radebe, J T; Rantsolase, M A; Robinson, D; Rwexana, S P; Schafer, D A; Schmidt, J; Schneemann, G D; Sefularo, M; Segale-Diswai, M J; Selau, G J; Selfe, J; Shabangu, S; Shiceka, S; Shinn, M R; Sibanyoni, J B; Sisulu, M V; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, P F; Smith, V G; Smuts, M; Snell, G T; Sogoni, E M; Sosibo, J E; Sotyu, M M; Steele, M H; Stofile, M A; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Swart, M; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Trollip, R A P; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Tsotetsi, D R; Turok, B ; Twala, N M; Vadi, I; Van Dalen, P; Van der Merwe, J H; Van der Merwe, S C; Van der Walt, D; Van der Westhuizen, A P; Van Dyk, S M; Van Wyk, A; Vukuza-Linda, N Y; Wenger, M; Williams, A J; Xaba, P P; Yengeni, L E.
The two-thirds majority required in terms of section 7(1) of the Intelligence Services Oversight Act, 1994 (Act No 40 of 1994), not being obtained, decision of question postponed.