情报服务实战
1994年
[1994年12月2日94-38法
OFFICE OF THE PRESIDENT No.2079 2 December 1994 NO.1994年第38项:1994年情报服务法It is hereby notified that the President has assented to the following Act, which is hereby published for general information: GENERAL EXPLANATORY NOTE: ** ** Words between asterisk indicate omissions from existing enactments.中值括号中字表示插入现有法规ACT To regulate the establishment, organisation and control of the National Intelligence Agency and the South African Secret Service!并管理相关事务(Afrikaans text signed by the President.) (Assented to 23 November 1994.) BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- CHAPTER I Definitions and application of Act Definitions 1.In this Act, unless the context otherwise indicates- (i) "Agency" means the National Intelligence Agency established by section 3!(ii) (ii) "department" means a department as defined in section I of the Public Service Act, 1994!(iii) (iii) "Deputy President" means the Executive Deputy President designated by the President!(i) (iv) "Director-General" means the person appointed as the Director- General of the Agency or the Service, as the case may be, under section 3!(v) (v) "member" means a member of the Agency or the Service, as the case may be!(vii) (vi) "Minister" means the Minister designated by the President!(viii) (vii) "misconduct" means- (a) the commission of any offence!or (b) a contravention of or failure to comply with any provision of this Act which is not an offence!(xiii) (viii) "premises" includes any land, building, building works, instrument, equipment or means of transport!(ix) (ix) "prescribed" means prescribed by regulation!(xii) (x) "Public Service Commission" means the Public Service Commission established by section 209 of the Constitution of the Republic of South Africa, 1993 (Act No.200 of1993)(xi) (xi) "regulation" means a regulation made under this Act!(x) (xii) "Service" means the South African Secret Service established by section 3!(iv) (xiii) "this Act" includes the regulations.(vi) Application of Act 2.除上下文另有说明外,本法各项规定应适用于所有成员,而不论成员是在本法启动时成为成员还是在本法启动后被任命为成员,也不论他们在共和国内或境外工作。CHAPTER II Establishment, composition and organisation of Agency and Service Establishment of Agency and Service 3.(1) There is hereby established a National Intelligence Agency and a South African Secret Service, which shall consist of- (a) the persons who, on the date of the commencement of this Act, are members of the Bureau as defined in section I of the Bureau for State Security Act, 1978 (Act No.公元1978年104)(b) 在本法启动之日为非洲人国民大会情报安全部成员者依1982年Bophutheswana内部情报服务法(1982年Bophuthatswana法)任命为Bophuthatswana内部情报处成员者1982年第25号法)或1981年国家安全委员会法第15节1981年27日)1987年《情报处和国家安全委员会法》(1987年第14/2004号法)指定为Transkei情报处成员者1987年67日)特兰斯凯1988年《国家情报服务法》(1988年第12号法)指定的Venda国家情报处成员1988年31日)文达紧接1993年南非共和国宪法启动前200 of 1993), were members of any intelligence service or intelligence structure of- (i) any Government of a self-governing territory as defined in section 38(1) of the Self-governing Territories Constitution Act, 1971 (Act No.1971年21)or (ii) any political party or organisation, and in respect of whom such service or structure applies within seven days after the commencement of this Act, to the Director-General to become members of the Agency or the Service!and (g) the persons appointed after the commencement of this Act in terms of the provisions thereof, as members of the Agency or the Service: Provided that any person contemplated in paragraphs (a) to (f) who, within two months after the commencement of this Act elects in writing to the Director-General not to be a member of the Agency or the Service, shall be deemed to have resigned voluntarily with effect from the date of such election: Provided further that the persons contemplated in paragraphs (a) to (f) are South African citizens and that their names appear on a personnel list submitted by the head of each organisational component referred to in subsection (2)(a) to the President within seven days after the commencement of this Act.第(1)(a)至(f)分节所述人员继续服务并组成局和局的组织部分,直至分节(3)融入局和局并实现合理化(b) Any person who at the commencement of this Act, is the head of a Bureau, Service, Department or structure contemplated in paragraph (a) shall be the organisational head of the corresponding organisational component of the Agency and the Service, but shall manage such component subject to the control of both Directors-General: Provided that a Director-General may not also be the head of an organisational component.(c) 组织构件因何原因在本法启动时没有首发式时,总干事经与第31节设想的咨询委员会协商后经总统同意,可任命一名成员担任该构件主管(d) The Directors-General may designate a member or members to form a management committee for an organisational component, and in such a case the head of such organisational component shall manage such component with the concurrence of such management committee: Provided that the Directors-General may, in the case where an organisational component does not have a head, appoint a management committee as head of such organisational component.组织构件主管和管理委员会(如果有的话)向总干事报告并按其指令行事(f) The salary, salary scale and other conditions of employment of a member serving in an organisational component contemplated in paragraph (a) shall be those that were applicable to such member immediately before the commencement of this Act by virtue of a law repealed by section 32: Provided that the salary, salary scale and other conditions of employment of persons referred to in subsection (1)(b) and (f)(ii) shall be determined by the advisory board contemplated in section 31, acting with the concurrence of the Directors-General and the President: Provided further that if the salary which a member receives in terms of this paragraph after the commencement of this Act is less than the salary on the scale determined for him or her after his or her appointment or allocation under subsection (3), such member will be entitled to a sum equal to the difference between the salary received and the salary determined, calculated from the commencement of this Act.(3) The President shall for the purpose of the Agency and the Service- (a) appoint a Director-General for the Agency and a Director-General for the Service!建立局局和局总管并规定职位结构规定(b)项所设想的结构函数d) 从组织成员中任命管理者并分配成员参加b段中提到的结构and (e) in general, but subject to the provisions of this Act, determine and prescribe all matters that are necessary or expedient for the creation and establishment of the Agency and the Service out of the organisational components.(3) The Director-General shall, as far as is reasonably practicable, take steps to ensure that- (a) national security intelligence, intelligence collection methods, sources of information and the identity of members of the Agency or the Service, as the case may be, are protected from unauthorised disclosure!不采取任何行动使人有理由怀疑该局或服务局可能关心促进、保护或损害人口任一部分或任何政党或组织的利益and (c) the functions of the Agency or the Service, as the case may be, are limited to what is necessary for the purposes of the discharge of its functions in terms of the National Strategic Intelligence Act, 1994, and the Secret Services Act, 1978 (Act No.1978年第56号)。(4) 总干事应采取步骤确保组织构件快速编译和合理化加入局和局Powers and duties of members 5.(1) 成员可行使本法令或任何其他法律赋予或强制给成员的权力和职责,并须在履行职能时服从其可能不时从有权发布指令者那里接受的所有合法指令(2) 1992年禁止拦截和监测法第1节定义的法官127 of 1992), is convinced, on the grounds mentioned in a written application complying with directives issued under subsection (7), that- (a) information which has or could probably have a bearing on the functions of the Agency or the Service as contemplated in section 2 of the National Strategic Intelligence Act, 1994, can be obtained on any premises and such information is of substantial importance to the Agency or the Service in the discharge of its functions!or (b) there is on any premises information which has or could probably have a bearing on the functions of the Agency or the Service as contem- plated in section 2 of the National Strategic Intelligence Act, 1994, which information is required by the Agency or the Service for the proper discharge of its functions, and that such information cannot reasonably be obtained by other means, he or she may issue the Agency or the Service with a direction authorising any member when reasonably necessary- (i) to enter such premises!二) 搜搜这些馆舍以获取情报检验、拷贝、图片或抄录这些馆舍上的任何文章、文件或其他资料and (iv) to remove any article, document or other material from the premises, for as long as is reasonably necessary, for the purposes of examining, copying, photographing or transcribing it, as the case may be.(3)a) 分节(2)所述指令应由有关法官发布,具体时间不超过3个月(b) 上文(a)项所述指令可由局或局成员执行,只要该成员已得到至少主管职位局或局另一成员授权。(4) 第(2)分节所述法官经书面申请,遵守第(7)分节下发布指令后,可延长第(3)分节下提及的期限,每次不超过3个月,条件是该法官确信延长是出于第(2)分节所述理由而有必要的。(5) 第2分节和第4分节所述申请应听取并发布指令,不通知申请所应用的个人、机构或组织,不听取个人、机构或组织的意见(6) 不论任何其他法或英美法有何相反内容,成员进入或处理任何财产、文章、文件或任何其他材料或在这些馆内或前后或与之相关内容均不违法,如果系按本节发布指令授权进行。(7) 南非最高法院多庭院长可联合发布指令统一规范第(2)分节适用方式和程序General powers of Deputy President or Minister 6.(1) 副总统或部长可遵照本法规定从事或促成从事他认为对机构或局有效监督、控制和运作及采取行动所必要的所有事务(2) Without derogating from the generality of his or her powers in terms of subsection (1), the Deputy President or the Minister may- (a) acquire or hire any premises, with or without any buildings thereon, which may be necessary for the efficient functioning of the Agency or the Service, and erect and maintain any buildings so required and, with the concurrence of the Minister of Finance, supply guarantees, indemnities and securities for those purposes!获取并使用机构或服务处高效运行所可能需要的任何房舍、动产和任何其他设备征得财政部长同意,出售、出租或以其他方式处置上述目的不再需要的任何馆舍和(b)项所述之事。Appointment, promotion, discharge, demotion and transfer of members 7.(1) 副总统或部长可按本法规定任命任何人为成员,成员可按照上述规定提升、退职、降职或调职(2) 规定表格中的任何文件,意图由副总统或部长签名并证明已任命任何人为成员,应初步证明已任命此人Security screening and discharge of members 8.(1) Subject to section 3(1)(a), (b), (c), (d), (e) and (f), no person may be appointed as a member before- (a) information with respect to that person has been gathered in the prescribed manner in a security screening investigation by the Agency or the Service, as the case may be!and (b) the Deputy President or the Minister after evaluating the collected information, is reasonably of the opinion that such person may be appointed as a member without the possibility that such person might be a security risk or that he or she might act in any way prejudicial to security interests of the Republic.(2) If the Deputy President or the Minister is reasonably of the opinion that a person may be appointed without the possibility that such person might be a security risk or might act in a way prejudicial to security interests, as contemplated in subsection (1)(b), he or she shall issue a document with respect to such person in which it is certified that such person has successfully undergone a security clearance and is regarded by him or her as security competent: Provided that the Deputy President or the Minister may withdraw such certificate if he or she should obtain information which, after evaluation by him or her, causes him or her no longer to be reasonably of the opinion that the member may be employed as a member without the possibility that the member could be a security risk or could possibly act in any manner prejudicial to security interests of the Republic.(3) If- (a) the certificate, referred to in subsection (2), is withdrawn!or (b) the Deputy President or the Minister obtains information regarding a person who became a member in terms of section 3(l)(a), (b), (c), (d), (e) or (f) which causes him or her to be reasonably of the opinion that that person could be a security risk or could possibly act in any manner prejudicial to security interests of the Republic, such member shall be deemed unfit for further membership of the Agency or the Service and the Deputy President or the Minister may- (i) discharge such person or member from the Agency or the Service!or (ii) after consultation with the Public Service Commission transfer such person or member to another department on the conditions determined by the Deputy President or the Minister.Discharge of members on account of long absence without leave 9.ReportsAny member who absents himself or herself from his or her official duties without the permission of the Director-General concerned for a period exceed- ing one month, shall be deemed to have been discharged from the Agency or the Service, as the case may be, on account of misconduct with effect from the date immediately following upon the last day on which he or she was present at his or her place of duty: Provided that if any member absents himself or herself from his or her official duties without such permission and accepts other employment he or she shall be deemed to have been so discharged even if he or she has not yet so absented himself or herself for a period of a month: Provided further that if a member deemed to have been so discharged, again reports for duty, the Director-General concerned may, notwithstanding anything to the contrary contained in any law but subject to the approval of the Deputy President or the Minister, reinstate him or her in his or her former post or appoint him or her to any other post or appointment in the Agency or the Service, as the case may be, on such conditions as the Director-General concerned may deem fit, and in that event the period of his or her absence from his or her official duties shall be deemed to have been absence on vacation leave without pay, or leave on such other conditions as the Director-General concerned may determine.Discharge of members on account of ill-health 10.(1) 主管总干事在按规定方式查询他或她的健康状况后认为他或她因健康不良不宜留在局或局内时,可免职。(2) 按照第(1)分节退职成员可按规定方式向副总统或部长上诉,由他们撤销或确认解职Discharge or reduction in rank or grade of members on account of inefficiency 11.(1) 成员可由主管总干事免职或降级,如果经按规定方式查询他或她是否适合继续就业或保留其职级或级数后,该总干事认为该成员无法有效履行其职责。(2) 成员从局或局退职或依次降职,或依次降级(1)小节,可按规定方式向副议长或部长上诉,副议长或部长可视情撤销或确认免职或降级或降级Transfer and discharge on account of public interest, secondment of members, and temporary employment of other persons 12.(1) If the public interest so requires, the Deputy President or the Minister may- (a) transfer any member from the post held by him or her to any other post- (i) in the Agency or the Service, as the case may be!or (ii) if the Minister concerned has concurred therein and the Public Service Commission has so recommended, in any other department, whether or not such post is of a lower grade than that of the post held by him or her, and whether or not such post is within or outside the Republic: Provided that- (aa) upon such a transfer a member's salary and salary scale shall not be reduced without his or her consent, except in accordance with the provisions of Chapter III!转介至另一部门时,应视公务员委员会的建议而定条件and (cc) a member shall not without his or her consent be transferred to a post outside the Agency or the Service, as the case may be, if such transfer will, save for his or her salary, result in a change in his or her conditions of service!视情解除局或局内任何成员的职务,条件由副总统或部长决定。(2) A member may, with his or her consent and upon such conditions as may be approved by the Deputy President or the Minister, be seconded by the Director-General concerned for the performance of a particular service or for a specified period, to the service of any other government or any other authority, or any board, institution or body, but shall, while so seconded, remain subject to the provisions of this Act and any other law which applies to him or her.3) 主管总长通过契约可雇用任何人履行某项服务或经副总统或部长批准的任何期间。Delegation of powers 13.(1) The Deputy President or the Minister may on such conditions as he or she may deem fit delegate any power conferred upon him or her by this Act, excluding any power conferred upon him or her by section 6(1), 8(3)(b)(i) and (ii), 9, 10(2), 11(2), 12(1)(a)(ii) and (b), 15(9), 16, 17(4), 19(3)(a) and (4), 21, 24(1), 25(2), 29, 30(2), (3) and (4) or 32(4), to the Director-General or any other member of the Agency or the Service, as the case may be, and any such power exercised in terms of such a delegation shall be deemed to have been exercised by such Deputy President or Minister.(2) 总干事可视情将本法案或根据本法案赋予他或她的任何其他成员或局所行使的任何权力,以此种授权方式行使的任何权力应视为由该总干事行使。CHAPTER III Discipline Savings with respect to misconduct 14.本法中的任何内容不得解释为补偿成员不因任何法院对任何犯罪进行起诉或定罪Procedure in case of alleged misconduct of members 15.(1) 有关总干事可按规定方式指控任何成员行为失检,并请求该成员在规定期间以可能规定的方式提交书面承认或拒绝指控及其可能希望提供的与所控行为失检有关的任何书面解释(2) 所述期限过期后,有关总干事可指定调查委员会调查有关控件。(3) 调查委员会可传讯任何人为证人并管理向受传讯者宣誓或代之接受他或她确认书4) 调查本节所述控罪时,与证据和证人有关的法律适用于治安法院的刑事诉讼,但1977年刑事诉讼法第217(1)节的附加条件除外1977年第51号法案)将适用本法规定(5) Where a member is charged with misconduct which constitutes an offence in respect of which he or she has been convicted by a court of law, a certified copy of the record of the trial in question shall, on its mere production by any person, be admissible in evidence before the board of enquiry investigating the charge, and a certified copy of the charge and conviction in question shall, on its mere production by any person to such board, be prima facie proof of the commission of such offence by the member concerned.(6) After considering the evidence adduced at the enquiry and affording the member charged or another member referred to in section 16 assisting or representing him or her an opportunity of addressing the board of enquiry, the board shall find the member charged guilty or not guilty of the misconduct with which he or she has been charged and inform him or her of its finding: Provided that if the member charged admits, pursuant to a request under subsection (1) or to the board, that he or she is guilty of the misconduct in question, he or she may be found guilty without any evidence having been adduced.(7) 被判定行为失检成员可按规定时间和方式向副总统或部长上诉,反对调查委员会的裁定并书面向副议长或部长陈述处罚问题(8) 调查委员会和主管总干事可向副议长或部长建议对判定有罪成员可能实施的惩罚。(9) The Deputy President or the Minister may, after considering the record of the proceedings before the board of enquiry and the recommendations of the board, and the recommendations of the Director-General concerned and the grounds of appeal of, and any representations made by, the member charged, direct that the conviction and sentence be set aside, or confirm the conviction on any charge and- (a) direct that no further action be taken in the matter!指令相关成员接受警告或斥责向有关成员课以不超过副议长或部长不时通过条例确定的金额的罚款,并可通过扣减其工资或津贴的方式收回!指令降低他或她的薪金、职级或职级或同时降低职级或职级指令成员自副总统或部长指定日期起退出局或局或从副总统或部长指定日期解除局或局成员的职务Representation at Board of Enquiry 16.Any member may- (a) with respect to his or her appearance before a board of enquiry referred to in section 15!(b) 关于第10节和第11节的调查and (c) with respect to any other investigation held in terms of this Act and as a consequence of which a decision or finding that may be prejudicial to his or her rights may be made, be represented and assisted only by another member: Provided that if there is no member who satisfies the requirements for a degree entitling him or her to admission as an attorney in terms of the Attorneys Act, 1979 (Act No.1979年第53号法案)或1964年代理法代言人74 of 1964), and who is available and prepared to represent and assist the member, that particular member, should he or she so insist, shall be entitled to legal representation by a person from outside the Agency or the Service, as the case may be: Provided further that the Deputy President or the Minister may make regulations which he or she deems necessary and advisable to protect intelligence, information and documents in the possession or under the control of the Agency or the Service, as the case may be, from unauthorised disclosure and which shall also apply to the said legal representative from outside the Agency or the Service.Suspension of members 17.(1) A member may be suspended from his or her office on full salary and benefits pending his or her trial or after his or her conviction of any offence, whether under this Act or otherwise, or pending any enquiry at which a charge of misconduct against him or her or his or her fitness to remain in the Agency or the Service, as the case may be, or to retain his or her rank or grade is being investigated, and shall be so suspended during any period during which he or she is under arrest or detention or is serving a term of imprisonment, but shall not by reason of such suspension cease to be a member.(2) 成员在停职期间,其权力、职能和权限应暂时搁置,但继续受职责和纪律约束,仿佛没有停职3) 可在任何时候终止成员中止4) 暂停或终止成员停职应遵照副总统或部长指令进行,或作为等待副总统或部长决定的临时措施,应遵照有关总干事指令进行。Manner in which notice may be given or process served 18.If by this Act it is provided- (a) that any notice, statement or other document is to be given or supplied to or served upon any person or that any matter is to be or may be conveyed to any person in writing, the notice, statement, document or writing may be sent by post in a registered letter or be delivered to him or her or left at his or her last known place of residence!or (b) that any person is to be informed of any decision or finding, he or she may be informed thereof verbally or by writing sent by post in a registered letter or delivered to him or her or left at his or her last known place of residence.CHAPTER IV General Whole time of members to be at disposal of State 19.(1) Unless otherwise provided in this Act- (a) every member shall place the whole of his or her time at the disposal of the State!成员不得在受雇范围外执行或委托执行任何有酬工作and (c) no member may claim as of right additional remuneration in respect of any official duty or work which he or she is required by a competent authority to perform.(2) 虽有第(1)分节的规定,副议长或部长可允许成员执行或主动执行非其雇用的有酬工作(3) (a) Where a member receives any remuneration, allowance or other reward whatsoever in connection with the performance of his or her work, otherwise than in accordance with the provisions of this Act or in contravention of the provisions of subsection (1)(b), such member shall pay to the Agency or the Service, as the case may be, an amount equal to the amount of such remuneration, allowance or reward or, where it does not consist of money the value thereof, as determined by the Director-General concerned, and if he or she does not do so, such Director-General may recover it from him or her by way of legal proceedings or in such manner as such Director-General may deem fit: Provided that- (i) there shall be a right of appeal to the Deputy President or the Minister against that determination by the Director-General!and (ii) the Deputy President or the Minister may approve the retaining by a member of the whole or a portion of that remuneration, allowance or reward.(b) Where in the opinion of the Director-General concerned a member has received any remuneration, allowance or other reward as contemplated in paragraph (a) and it is still in his or her possession or under his or her control or in the possession or under the control of some other person on his or her behalf or, if it is money, has been deposited in any bank, the post office savings bank or any building society or other financial institution in his or her name or in the name of some other person on his or her behalf, such Director-General may in writing require such member or such other person or such bank, the post office or such building society or financial institution not to dispose thereof, or, if it is money, to retain a corresponding sum of money, as the case may be, pending the outcome of any legal proceedings for the recovery of such remuneration, allowance or reward or the value thereof.(4) Any salary, allowance, fee, bonus or honorarium which may be payable in respect of the service of a member seconded to any other government or any other authority or to any board, institution or body in terms of section 12(2), shall be paid to the Agency or the Service, as the case may be: Provided that in special circumstances the Deputy President or the Minister may approve the payment to such member of an amount equal to the said salary, allowance, fee, bonus or honorarium, or a portion thereof.Reward for extraordinary diligence or devotion 20.主管总干事经副总裁或部长批准,可授予成员中或成员中任何人异常勤奋或全心全意执行成员职责,并视情给予其认为适当的货币或其他奖励。Establishment of decorations and medals for members 21.The Deputy President or the Minister may establish and introduce decorations and medals, as well as bars, clasps and ribbons in respect of such decorations and medals, which may be awarded by him or her, subject to such conditions as may be prescribed, to any person who is or was a member, in respect of his or her services as such a member or to any other person who has rendered exceptional services to the Agency or the Service.Offences 22.(1) Any person- (a) not being a member, who- (i) by words, conduct or demeanour pretends that he or she is such a member!责令成员不履行职责或行为与职责相冲突or (iii) is an accomplice to the commission of any act whereby any lawful order given to a member or any regulation may be evaded!依据第15节传讯证人,在传讯中提及的时间和地点不出庭,或出席后拒绝回答所有合法向他或她提出的问题依据第15节传讯作为证人接受查询,并在任何此类查询中作出假声明,明知虚伪!非法和故意违反第16节第二个条件中提及的条例规定者不遵守第19(3)(b)节要求者who, not being the person to whom a decoration or medal was awarded, wears it or, without the written permission of the Director- General concerned, makes use of any decoration or medal established or introduced under this Act, or of its bar, clasp or ribbon, or anything so closely resembling any such decoration, medal, bar, clasp or ribbon as to be calculated to deceive!(g) who, without the approval of the Deputy President or the Minister, 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 Agency or the Service, as the case may be, or is in any manner associated or connected with the Agency or the Service!h) 违反第24条禁止或限制规定进入或置入或置入任何馆舍者,将构成犯罪(2) Any person convicted of an offence under this Act shall be liable- (a) in the case of a contravention of subsection (1) (a) or (b) to a fine, or to imprisonment for a period not exceeding six months!第(1)(c)小节违反法律规定的伪证惩罚(c) 违反(1)(d)、(e)或(f)分款处以罚金或一年以下监禁违反(1)(g)分款罚款或两年以下监禁(e) 违反第(1)(h)分款罚款或15年以下监禁Extra-territorial application of Act, and jurisdiction 23.(1) 任何南非公民或共和国居民在共和国境外实施的任何行为均构成本法下的犯罪或行为失检,也被视为在共和国内实施。(2) 本法规定的任何犯罪或行为失检,为确定法院或调查委员会审判犯罪或行为失检的管辖权的目的,应被视为在实际实施地实施,并Prohibition of access to premises 24.副总统或部长可在公告中或以他或她认为适当的任何其他方式禁止或限制进入局或局控制的任何馆舍(2) 副议长或部长可采取或促使采取他或她认为必要的措施,保障或实施禁止或限制出入这些馆舍,并可就采取的任何措施发布他或她认为必要的通知或安装警告通知Canteens 25.(1) 副总统或部长可为机构或服务局及其组织构件建立食堂,尽管任何其他法律中都含有相反内容。(2) 制作由副总统或部长签名并显示他或她为本节目的开食堂的正式文件,应可确定证明它属于本节范围的食堂(3) 本节中“食堂”包括机构或服务处的任何食堂、酒馆或机构或主要为成员或退休成员或这类成员或退休成员家属或受雇从事或参与这类食堂、酒馆、机构或馆舍工作者提供娱乐、点餐或必需品的任何临时或永久馆舍Limitation of actions, notification of proceedings and cause of action, and service el of certain process 26.(1) 任何针对国家或任何人根据本法所实施之事的民事诉讼,应在知道诉讼事由产生后两年内启动,并应不少于启动前一个月书面通知被告任何此类程序及其事由(2) 向有关总干事发送第(1)分节所述通知时,应视通知为通知有关被告3) 启动第(1)分节设想的任何程序,副总统或部长为被告或应诉人的任何程序,可送达有关总干事Missing members 27.Reports(1) If a member is missing and the Director-General concerned is satisfied that his or her absence arose from the performance of his or her functions in terms of this Act, such member shall for all purposes be deemed to be still employed by the Agency or the Service, as the case may be, from the first day after the day on which such absence commenced until the day on which he or she again reports for duty or, in the opinion of the Director-General concerned, should have so reported, or a competent court issued an order whereby the death of such member is presumed.(2) The salary or wages and allowances accruing to a member during his or her absence contemplated in subsection (1) shall, subject to the provisions of subsection (4), be paid to his or her spouse or, if he or she has no spouse, to his or her other dependants, or to any person who, in the opinion of the Director-General concerned, is competent to receive and administer such salary or wages and allowances on behalf of his or her spouse or such other dependants.(3) 第(2)分节规定支付任何薪金或工资和津贴,应一律视之为向有关成员支付,国家不得向任何人收回按此支付的数额。(4) 虽有第(2)分节的规定,有关总干事可斟酌决定,仅按分节支付成员部分薪金或工资和津贴或不按分节支付部分薪金或工资和津贴或不按分节支付部分薪金或津贴。Exemption from training and compulsory service in National Defence Force and South African Police Service 28.(1) 1957年国防法条款与服务或接受训练责任有关的规定不适用于局或局的任何成员。(2) 1958年警察法条款1958年7月7日)有关警备队的建立或运作或服务或训练的规定不适用于局或警备队的任何成员3a) 虽有(1)和(2)小节的规定,副总统或部长在发生战争或他或她认为存在紧急状态时,并参照情报局和安全局的要求,可借调成员在国防军或南非警察局服务或训练(b) A member shall, while so seconded for service or training, be subject to the discipline, command and control applicable to the National Defence Force or the South African Police Service, as the case may be, but shall not thereby be exempted from the application of the provisions of this Act.Regulations 29.(1) The Deputy President or the Minister may make regulations as to- (a) the employment, training, promotion, posting, transfer, leave of absence, resignation, discharge, dismissal, suspension or reduction in rank or grade of members and the personnel management of those members in general!体能和智能标准,成员体格检查,成员及其家属医疗、牙科和医院处理向退休成员、家属和死或死成员家属提供医疗、牙医学和医院治疗(d) the numerical establishment of the Agency or the Service, the conditions of service of the members thereof, the salaries, salary scales, wages and allowances of members and the systems relating to the administration and determination thereof and the various divisions, branches, grades, ranks and designations in the Agency and the Service!e) 建立并维护成员培训机构或中心,并指令、培训、约束和控制这类机构或中心成员定义违反职责和纪律行为,并泛泛地定义局和安全局的控制和纪律行为g) 从成员薪金、工资或津贴中扣除依据本法任命的调查委员会汇编、委员会程序以及目击证人出庭指控成员行为失检j) 依据此法提出的上诉提供工程处和该处所需的商店、配件、其他设备及运输工具,并对其进行照料、安全保管和维护成员行使权力和履行职能m) 设计、授标、使用、关照、损耗、充公并恢复按本法建立或介绍的任何装饰或奖牌及其条条或带子报表、寄存器、记录、书籍、表格、其他文件和通讯成员向国家收回其非法造成的缺陷、损失、损害或费用第25节设想的食堂的建立、实施和控制控制成员为成员或前成员或其受养人收集或接受的资金局局总管维护退休或辞职机构或服务局保留职级并授予荣誉职级(t) 控制和管理拨供工程处或该处的资金,以便系统有序管理这些资金,并提高效率和节约使用资金规范劳资关系并创建辅助结构允许进入工程处或该处控制的任何馆舍的条件和程序及有关事项成员必须遵守行为守则建立成员冤情陈述、审议和裁断程序以本法方式规定或可能规定的任何问题总的来说,所有问题均有必要或权宜地规定实现本法宗旨(2) 可针对不同类别成员制定不同的条例与成员服务条件有关的条例也可适用于成员但两年前停止成员的人,计算日期从适用有关条例之日起算(4) 第(1)(c)分节下的规定可规定退休成员及其家属和死亡成员家属的医疗、牙医学和医院治疗福利,其基础与规定成员家属和家属相同。(5) 本节中有关成员的规定无需在公报上发布,但应按副总统或部长可能确定的方式通知适用条例的成员Discoveries, inventions and improvements by members 30.所有发现和发明的权利以及成员在受雇成员期间研究产生的过程、装置和机制方面的一切改进,视情应交托机构或服务局处理。(2) 副总统或部长可提供第(1)分节所述的发现、发明和改进服务为公共利益使用,但须符合副总统或部长可能决定的条件并支付收费或使用费(3) If the rights in any discovery, invention or improvement vest in the Agency or the Service in terms of subsection (1), the Deputy President or the Minister may award to the person responsible for the discovery, invention or improvement such bonus as he or she deems fit, or make provision for financial participation by such person in the profits derived from the discovery, invention or improvement to such extent as the Deputy President or the Minister may determine with the concurrence of the Minister of Finance.4) 副总裁或部长可以机构或局名申请专利,视具体情况由我申请,涉及第(1)分节提及的任何发现、发明或改进,为1978年专利法的目的,局或局名或局名视具体情况应申请1978年第57号通知),视之为相关发现者或发明者的受让人Advisory Board 31.The President shall for such period as he may determine appoint the heads of the organisational components contemplated in section 3 to form an advisory board, on such conditions and remuneration (if any) prescribed by him or her, to advise him or her on the exercise of his or her powers under section 3 and matters relating thereto, and to advise the Director-General concerned on the exercise of his or her powers under section 4 and matters relating thereto.Repeal of laws, and savings 32.(1) 在不违反第(2)分节规定的前提下,兹废除或修改附则中提及的法律,其范围以第三列所示为限。(2) 在不违反第3(2)(f)节的情况下,根据第(1)分节废除的法律规定和本可按本法案某一规定完成的任何行为均应视为根据后一规定完成3) 服务局、局或局的所有资产、负债、权利和义务,包括资金、资源和行政记录,根据第(1)分节停止存在时,视情归局或局所有,并视情视情视情视情视情归局或局或局获取或支付(4) A registrar of deeds shall, upon the production to him or her of a certificate by the Deputy President or the Minister that immovable property described in the certificate vests in the Agency or the Service in terms of subsection (3), make such entries and endorsements as he and she may deem necessary in or on any relevant register, title deed or other document in his or her office, so as to give effect to subsection (3).(5) 分节(4)中的任何录入或背书均不支付值勤费、办公费或其他收费(6) 如果在本法启动时尚未完成对根据第(1)小节废除的法律启动的所谓不当行为的调查,则该程序应继续进行并结束,并依据相关法律规定启动调查,仿佛该法律尚未废除(7) Notwithstanding the provisions of subsection (1) disciplinary proceedings may be instituted and concluded in terms of this Act against any person who at any time prior to the commencement of this Act is alleged to have committed an act which may have constituted improper conduct in terms of a law repealed by subsection (1) or any regulation or rule made thereunder: Provided that no proceedings shall be so instituted unless the act concerned is substantially the same as an act constituting improper conduct in terms of this Act.Short title and commencement 33.本法应称为1994年情报服务法,并按总统在公告中公告确定的日期实施请求注解杀机布局并发开工号年法二叉短标题3级范围废除或修正SCHEDULE Laws repealed or amended (Section 32) 1.号法年法81 of 1969 (Republic of South Africa) 2.Short title Security Services Special Account Act, 1969 3.Extent of repeal or amendment 1.The substitution for section 2 of the following section: "Payments from account 2.The moneys in the account shall be utilised for the defraying of expenses in connection with- (a) the performance of the function and the duty of the National Intelligence **Service**[[ Agency and the South African Secret Service]] as referred to in **section 2 of** the **Security Intelligence and State Security Council Act, 1972(Act No.)**[[国家战略情报法,1994年]and (b) the organisation of, the exercising of the powers and the performance of the duties and functions of any member of, the exercising of the powers of the [[President or the]] responsible [[Executive Deputy President or]] Minister in relation to the superintendence and control of, and the action by and functioning of, the **National Intelligence Service as referred to in the Bureau for State Security Act, 1978 (Act No.104 of 1978)** [[Agency and the Service as defined in section I of the Intelligence Services Act, 1994]], and matters in connection therewith which the said [[President, Executive Deputy President or]] Minister, [[as the case may be]], may from time to time approve as being in the national interest, and shall be paid out subject to the directions of the said President, Executive Deputy President or Minister, as the case may be.".二叉修改第3节后插入“情报机构与总干事:南非机密”。3级The substitution for section 5 of the following section: "Investment of balances 5.非立即使用或合理工作平衡账户名下的资金可用由[[总统、执行副总裁]或主管国家情报部[[机构或南非秘 局开工号法年法57 of 1973 (Republic of South Africa) 2.Short title Government Service Pension Act, 1973 3.Extent of repeal or amendment 1.The amendment of section 1- (a) by the insertion after the definition of "Administrator" of the following definition: [[" 'Agency' means the Agency as defined in section 1 of the Intelligence Services Act, 1994;]]"!取去Bureau定义替换下定义中的“警力”定义:“警力指1958年警察法第2节中提及的警力下辖警备队成员或后备警队和特警队成员除外,并包括bureau**[机构或service]and (d) by the insertion after the definition of "revenue" of the following definition: [[" 'Service' means the Service as defined in section 1 of the Intelligence Services Act, 1994]];".二叉将第6节修改为第(6)小节中替换前段(a)和段(a)中,将“机构或服务局”二字改为“局”。3级The amendment of section 17 by the substitution for subsection (6) of the following subsection: "(6) The regulations contemplated in this section shall be made by the Minister with the concurrence of the Minister of Finance and after consultation with the **Administrators** [[Premiers]] and the [[President, Executive Deputy President or]] Minister, responsible for the **Bureau** [[Agency or the Service, the Public Service]] Commission **for Administration**, the **permanent force, the police force** [[National Defence Force, the South African Police Service]], the prisons service, National Education and Posts and Telecommunications.".开工号法年法56 of 1978 (Republic of South Africa) 2.Short title Secret Services Act, 1978 3.程度废除修正1The amendment of section 1- (a) by the substitution for the definition of "responsible Minister" of the following definition: "'responsible Executive Deputy President or Minister', in relation to any matter referred to in this Act, means the Executive Deputy President or Minister responsible for the department of State under which that matter falls;"!并(b)用“保密事务”定义替换“主管大臣”,用“总统或主管执行副总裁或部长”。二叉修改第2节,代之以第2分节(a)中“主管部长”二字,代之以“总统或主管执行副总裁或部长”。3级修正3A小节(8)(a)小节替换“主管部长”二字中“总统或主管执行副总裁或部长”。4级3B修正分节第(1)分节替换“主管大臣”二字中“总统或主管执行副总裁或部长”。开工号法年法1978年104法(南非共和国)84 of 1982 (Republic of South Africa) 2.Short title Bureau for State Security Act, 1982 3.Extent of repeal or amendment Protection of Information Act, 1982 The repeal of the whole.The amendment of section I by the substitution for the definition of "security matter" of the following definition: "'security matter' includes any matter which is dealt with by the **National Intelligence Service** [[Agency or the Service as defined in section 1 of the Intelligence Services Act, 1994,]] or which relates to the functions of that [[Agency]] or Service or to the relationship existing between any person and 1.法例年法127 of 1992 (Republic of South Africa) 2.Short title Intercepting and Monitoring Prohibition Act, 1992 3.Extent of repeal of amendment 1.The amendment of section 1- (a) by the insertion before the definition of "division" of the following definition:[[" 'Agency' means the Agency as defined in section 1 of the Intelligence Services Act, 1994]];"!and (b) by the insertion after the definition of "serious offence" of the following definition: [[ Service' means the Service as defined in section 1 of the Intelligence Services Act, 1994]];".二叉The amendment of section 3 by the substitution for paragraph (c) of subsection (2) of the following paragraph: "(c) for the purposes of subsection (1)(b)(ii) or subsection (4), be made by a member as defined in section 1 of the **Bureau for State Security Act, 1978 (Act No.)**[[情报服务法,1994年]3级The amendment of section 4- (a) by the substitution in subsection (1) for the words "National Intelligence" of the words "Agency or the"!and (b) by the substitution in subsection (2)(b)(ii) for the words "National Intelligence" of the words "Agency or the".4级修改第5节,代之以第2分节中“国家情报主管”二字,代之以“机构总长或”。开工号法年公告103 of 1994 2.Short title Public Service Act, 1994 3.范围废除或修正开工The amendment of section 1- (a) by the insertion in subsection (1) before the definition of "agreement" of the following definition: [[" 'Agency' means the Agency as defined in section I of the Intelligence Services Act, 1994]];"!(b) 分节(1)定义后插入下定义的“标度”:[[服务指1994年情报服务法第一节定义的Service]and (c) by the deletion in subsection (1) of the definition of "the National Intelligence Services".二叉由子句修改法中词句“National IntelligenceSerices”,无论发生在何处,用词语句“机构或服务局”。3级The amendment of Schedule I- (a) by the deletion in Columns I and II of the words "Department of National Intelligence Services/Director-General: National Intelligence Services"!and (b) by the insertion in Columns I and 11 after the words "National Defence Force/Chief of the National Defence Force" of the words "National Intelligence Agency/ Director-General: National Intelligence Agency" and "South African Secret Service/Director-General: South African Secret Service".开工号法年法1981年第27章(Bophuthatswana2Short title National Security Council Act, 1981 3.范围废除或修正开工号法年法1982年第25章BophuthatswanaShort title Bophuthatswana Internal Intelligence Service Act, 1982 3.范围废除或修正开工号法年法7 o 7 Republic of Transkei) 2.Short title Intelligence Service and State Security Council Act, 1987 3.范围废除或修正开工号法年法31 of 1988 (Republic of Venda) 2.Short title National Intelligence Service Act, 1988 3.范围废除修正开工号法年法1 of 1991 (Republic of Ciskei) 2.Short title Ciskei Intelligence Service Decree, 1991 3.范围废除或修正
南非情报