Annual reports of the Auditor-General of Intelligence to the Parliamentary Joint Standing Committee on Intelligence for each of the financial and/or calendar years from 1 January 2003 to 30 June 2015

Reference number: SAH-2015-OAG-0004
Submitting organisation: South African History Archive (SAHA)
Status: transferred-partial
Date submitted: August 27, 2015
Stage(s): Initial request, court
Transferred To: SAH-2016-DSS-0007
Request description:

1. Annual reports of the Auditor-General of Intelligence to the Parliamentary Joint Standing Committee on Intelligence for each of the financial and/or calendar years from 1 January 2003 to 30 June 2015;
2. The Pikoli Commission Report on enquiry into the structures of the intelligence services; (see assertion on p. 91 of http://library.fes.de/pdf files/bueros/suedafrika/07162.pdf that release of report would not have jeopardised national security);
3. The Ngcaba Commission Report on enquiry into technology issues in the intelligence services; and
4. The Netshitenze Commission Report on enquiry into the intelligence services

o Any further particulars of record:
a. See minutes from 2012 that state that certain elements of the reports, listed in items 2, 3 and 4., have already been declassified - https://pmg.org.za/committee-meeting/14029/;
b. Noting specifically in relation to this request that:
i. Section 5 of PAIA provides for the supremacy of PAIA over any other legislation prohibiting or restricting disclosure of information and that this includes any provisions in the Public Audit Act, 2004 that limits or restricts the disclosure of information, such as section 18 of that Act (see South African Human Rights Commission notice on supremacy of PAIA - http://www.sahrc.org.za/home/21/files/Notice on the supremacy of PAIA.pdf);
ii. To the extent that any grounds for refusal in Chapter 4 of PAIA may apply to any, or any part of any, record falling within this request, section 46 of PAIA places an obligation on a Requestee body to apply the public interest override test provided for in that section to each and every such record or part of a record;
iii. To the extent that any grounds for refusal in Chapter 4 of PAIA may apply to any, or any part of any, record falling within this request, section 28 of PAIA places an obligation on a Requestee body to severability in terms of the provisions of that section; and
iv. To the extent that any record or part of any record requested in terms of this request is in the possession of, under the control of or more closely connected to the functions of another public body or where the information in the record / part of the record contains commercial information of another public body, section 20 of PAIA places an obligation on the Requestee body to transfer the request or part of the request to such other body.

Initial request communication

Communication sent

Submission of PAIA request SAH-2015-OAG-0004
Sent on: August, 27 2015
Submission of PAIA request SAH-2015-OAG-0004
Sent on: August, 27 2015
Confirmation of receipt of PAIA request SAH-2015-OAG-0004
Sent on: September, 01 2015
Confirmation of receipt of PAIA request SAH-2015-OAG-0004 - follow up and request fee payment details
Sent on: September, 06 2015
Failure to respond to PAIA request SAH-2015-OAG-0004 within statutory time frame
Sent on: October, 01 2015
Repeated failure to respond to PAIA request SAH-2015-OAG-0004 within statutory time frame
Sent on: October, 11 2015
Notice of intention to lodge internal appeal for PAIA request SAH-2015-OAG-0004
Sent on: October, 26 2015
Reminder to lodge internal appeal / complaint (Public/Private)
Sent on: October, 31 2015

Response received

Response date: 2015-10-26
Response nature: Denied
Received within statutory period: No

Court

Application Description

APPLICATION DOCUMENTATION Notion of motion and founding affidavit with annexures.

Application documentation

Outcome documentation

Released records

Record summary
This is a 32 page Annual report for the Joint Standing Committee on Intelligence for the financial year ended in 31 March 2008. Also included in this record is a 2 page procedural cover letter which was removed and stored in the PAIA request file. This record is temporary EMBARGOED by agreement with researcher Jane Duncan.
Total pages
34
SAHA CALL number
AL2878_B01.55.27

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