SAHA FOIP - Request Tracker

Reports related to the South African Defence Force Special Defence Account created under the Defence Special Account Act No 6. of 1974 for each financial year for the period 1 July 1976 to 1 July 1995

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Copies of any and all records, or part of records as follows:
1. All audit reports related to the South African Defence Force Special Defence Account created under the Defence Special Account Act No 6. of 1974 for each financial year for the period 1 July 1976 to 1 July 1995, as referred to in the TRC Final Report, Volume 2, pages 534 and 540, as follows:
“The Defence Special Account Act No 6 of 1974, which came into effect on
6 March 1974, made provision for the establishment of the Special Defence Account. The Act allowed for funds in the account to be used, with the approval of the Minister of Finance, to defray expenditure incurred in connection with special defence activities (including secret services) as well as such purchases as the Minister of Defence deemed necessary.
….
…The above amount of R15 285 000 does not reflect the amount that passed through the Defence Special Account. The Auditor-General has provided the Commission with a schedule that identifies a total amount of R49 648 737 969 passing through this account, with a further R586 501 609 being expended on ‘sensitive line function projects’ between the 1974–75 and 1994–95 financial years.”
2. Report of the Auditor General on all secret funds from 1960 to 1994 as provided to the South African Truth and Reconciliation Commission (TRC), as referred to in the TRC Final Report, Volume 2, page 524, as follows:
“.. the Auditor-General reported that a total of more than R2.75 billion was expended through the Secret Services Account between 1978 and 1994. … As is clear in the Auditor-General’s report, a vast number of projects would not have been formally registered as secret projects but were undertaken within departmental line functions.…”
3. The schedule of secret projects compiled by the Auditor General provided to the TRC, as was referred to in the TRC Final Report, Volume 2, page 539, as follows:
“The Auditor-General has provided the Commission with a schedule of secret projects received from eight government departments: the NIA; the Department of Justice; the South African Police Services (SAPS); the Department of Foreign Affairs; South African Secret Services; the Department of State Expenditure, the South African National Defence Force (SANDF) and the Department of Arts and Culture, Science and Technology. This information was made available shortly before the termination of the work of the Commission.”

o Reference number, if available:
o Any further particulars of record:

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.

Copies of all records, or part records, related to all investigations and reports made at any time into the export of uncut diamonds during the period 1992 – 1993 by the company ‘De Beers’

2019-08-30T00:04:02+00:00

Copies of any and all records, or part records, related to all investigations and reports made at any time into the export of uncut diamonds during the period 1992 – 1993 by the company ‘De Beers’, including but not limited to those records that were compiled in preparation of a briefing document on the matter to the Standing Committee on Public Accounts in 2007.

o Any further particulars of record:
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.

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

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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.

Legal expenses paid by OAG for litigation for a request made under PAIA

2019-08-30T00:03:41+00:00

Copies of any and all records, or parts of records, relating to legal expenses paid by the Office between 9 March 2001 and 9 March 2014 for any litigation (including proposed litigation) brought in any Court regarding a decision of the Office or Auditor-General of Office of Auditor-General about a request for information made under the Promotion of Access to Information Act, 2000 setting out the following:

1. the total amount paid (or parts of amounts paid, where only that information is available) whether made to lawyers, Counsel or any witness or other adviser, to defend or conduct that litigation,

2. the total amount paid (or parts of amounts paid, where only that information is available) as a result of:
• a costs order made by a Court, and/or
• an out of court settlement,
for the legal costs of any party or potential party (including amicus curiae) to that litigation,

3. any internal costs and/or time spent by in-house lawyers or officers responsible for PAIA requests in the Office, to defend or conduct that litigation.

Records relating to investigation and report in early 1990s

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Please see request form for more detailed information about records requested

Records of various reports

2019-08-30T00:03:24+00:00

Please see request form for more detailed information about records requested

Reports to the Parliamentary Joint Standing Committee on Intelligence relating to intelligence services

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Copies of any and all records, or part of records, related to:
1. The Auditor General’s reports to the Parliamentary Joint Standing Committee on Intelligence on the Ministry of State Security and its predecessors, including the Ministry for Intelligence, for each of the financial or calendar years that are available for the period from 1 January 2003 to 31 July 2013.

Various annual reports, Commission reports, regulations, policies, budgets, on Presidential commissions in the last 10 years.

2019-08-30T00:03:19+00:00

Any and all records related to but not limited to;

*The Auditor General’s reports to the Parliamentary Joint Standing Committee on Intelligence on the Ministry of State Security and its predecessor, the Ministry of Intelligence Services, for the past ten years.

* The annual reports of the Inspector-General of Intelligence to the Parliamentary Joint Standing Committee on Intelligence.

* The titles of reports prepared by the Inspector-General of Intelligence for the Minister of State Security/ Intelligence *Cabinet’s annual national intelligence priorities for the past ten years.

*Intelligence Services Regulations of 2003 and any documents that update these regulations

*Regulations on the liaison with foreign intelligence services of 2007 and any documents that update these regulations.

*The titles of all ministerial directives on intelligence over the past ten years.

* Executive policy in the interception of foreign intelligence signals.

*Annual reports of the Ministry of State Security, and its predecessor, the Ministry of Intelligence Services, as well as the annual reports of the Intelligence Services, as presented to the Parliamentary Joint Standing Committee on Intelligence for the past ten years.

*The budget of the Ministry of State Security and the Intelligence Services as presented to the Parliamentary Joint Standing Committee on Intelligence for the current financial year .

*The Pikoli Commission report in to the structures of the intelligence services.

*The Ngcaba Commission report into technology issues in the intelligence services.

*The Netshitenze Commission report into the intelligence services.