A framework for intelligence oversight? The high level review panel of 2018

Abstract

In South Africa, the intelligence services are an important tool in South African statecraft and are subject to intelligence oversight which has been developed from international best practice available at the time of inception in 1994. Intelligence has been the subject of review from time to time and in the 2018 review, through the High Level Review on the State Security Agency, not only were findings and recommendations made on the civilian intelligence service, but also intelligence oversight.

The purpose of this study is to assess whether the findings and recommendations on intelligence oversight can serve as a framework for intelligence oversight in South Africa. To achieve this, the adequacy of the existing intelligence oversight framework, as well as the recommendations of the HLRP on intelligence oversight, are measured against select practices (as adapted for this study) in the Centre for the Democratic Control of the Armed Forces and UN Compilation of Good Practice on Intelligence and its Oversight. To this end a literary review based on a qualitative approach was conducted.

This study finds that the findings and recommendations of the HLRP on SSA, on their own, would not constitute the basis for a framework of intelligence oversight, but the implementation of its recommendations would, along with the existing intelligence oversight framework, constitute such a framework. The framework should however be complimented by authority, ability, as well as willingness, attitude and integrity, as effective oversight is the sum total of good practice and all these.