CHAPTER 23:02
INTELLIGENCE AND SECURITY SERVICE

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Application

 

 

 

PART II
Directorate of Intelligence and Security

 

   4.   Establishment and composition of Directorate

 

   5.   Functions of Directorate

 

   6.   Director General

 

   7.   Powers and functions of Director General

 

   8.   Divisions of Directorate and directors

 

   9.   Personal protection officers

 

   10.   Officers and support staff

 

   11.   Powers and functions of officers and support staff

 

   12.   Oaths

 

   13.   Certificate of identity and appointment

 

   14.   Scheme of Service of Directorate

 

   15.   Disciplinary code

 

   16.   Conduct of officers and support staff

 

   17.   Prohibition of false representations as to association with Dirertorate

 

   18.   Offences in connection with officers and support staff

 

   19.   Prohibition of disclosure of identity

 

   20.   Prohibition of unauthorised disclosure of information

 

   21.   Powers of arrest

 

   22.   Powers of entry, search and seizure

 

   23.   Resisting or obstructing officers and support staff

 

   24.   Indemnity of members of staff of Directorate

 

 

 

PART III
Central Intelligence Committee

 

   25.   Establishment and composition of Committee

 

   26.   Functions of Committee

 

 

 

PART IV
National Intelligence Community

 

   27.   Establishment and composition of Community

 

   28.   Functions of Community

 

 

 

PART V
Intelligence and Security Council

 

   29.   Establishment and composition of Council

 

   30.   Functions of Council

 

 

 

PART VI
Tribunal

 

   31.   Establishment of Tribunal

 

   32.   Lodging of complaint

 

   33.   Proceedings of Tribunal

 

   34.   Appearance before Tribunal

 

   35.   Conclusion of proceedings

 

   36.   Appeals

 

   37.   Report of Tribunal

 

 

 

PART VII
Parliamentary Committee on Intelligence and Security

 

   38.   Establishment, function, etc., of Parliamentary Committee

 

   39.   Composition and appointment of members

 

   40.   Report of Parliamentary Committee

 

 

 

PART VIII
General Provisions

 

   41.   Threats to President, Vice President and former President and their immediate families

 

   42.   Ministerial responsibilities

 

   43.   Prohibition of access to premises of Directorate

 

   44.   Destruction of irrelevant records, etc.

 

   45.   Functions of Ministries, Departments, etc. in relation to intelligence and security

 

   46.   Penalty where no specific penalty provided

 

   47.   Regulations

 

 

 

      Schedule

 

 

Act 16, 2007,
S.I. 18, 2008.

An Act to provide for the establishment of the Directorate of Intelligence and Security and define its functions; to establish a Central Intelligence Committee and define its functions; to establish an Intelligence and Security Council and define its functions; to establish a Central Intelligence Community and define its functions; to establish a Tribunal and define its functions; to establish a Parliamentary Committee on Intelligence and Security and define its functions; and to provide formatters connected therewith or incidental thereto.

[Date of Commencement: 1st April, 2008]

PART I
Preliminary (ss 1-3)

 

1.   Short title

   This Act may be cited as the Intelligence and Security Service Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "classified information" means information of such a sensitive nature and value that the unauthorised publication or disclosure thereof would lead to a security risk being posed to the State;

   "Committee" means the Central Intelligence Committee established by section 25 (1);

   "Community" means the National Intelligence Community established by section 27 (1);

   "Council" means the Intelligence and Security Council established by section 29;

   "Deputy Director General" means the Deputy Director General of the Directorate;

   "director" means a director of any of the divisions of the Directorate established under section 8 (3);

   "Director General" means the Director General of the Directorate;

   "Directorate" means the Directorate of Intelligence and Security established by section 4;

   "immediate family" means the spouse and children who are under the age of 21 years;

   "intelligence" means information which relates to or may be relevant to any internal or external threat or potential threat to national security in any field;

   "members of staff of the Directorate" means the Director General, the Deputy Director General, directors, officers and support staff;

   "ministerial intelligence" means information which relates to any function concerning national security which by or under any law has been entrusted to any Government ministry, department or agency and which information may be required by that ministry, department or agency in the performance of any of its functions;

   "officer" means an officer of the Directorate;

   "Parliamentary Committee" means the Intelligence and Security Parliamentary Committee established under section 38;

   "security clearance" means an authorisation entitling a person to have access to information of a determined sensitivity or classification;

   "security vetting investigation" means a systematic procedure used to examine and appraise a person to determine his or her security competence, including the continued monitoring of that person;

   "support staff" means members of the Community who are not officers of the Directorate, but who are under the direction of the Director General, performing such duties as are provided for in this Act;

   "threat to national security" means-

 

   (a)   any activity relating to espionage, sabotage, terrorism or subversion, or intention to engage in any such activity directed against, or detrimental to the interest of Botswana and includes any other activity performed in conjunction with any activity relating to espionage, sabotage, terrorism or subversion, but does not include any lawful advocacy, protest or dissent not performed in conjunction with any such activity;

 

   (b)   any activity directed at undermining, or directed at or intended to bring about the destruction or overthrow of, the constitutionally established system of the Government of Botswana by unlawful means;

 

   (c)   any threat or act of violence or unlawful harm that is directed at or intended to achieve, bring about or promote any constitutional, political, industrial, social or economic objective or change in Botswana and includes any conspiracy, incitement or attempt to commit any such act or threat; and

 

   (d)   any foreign-influenced activity within or related to Botswana that-

 

      (i)   is detrimental to the interest of Botswana, and

 

      (ii)   is clandestine or deceptive or involves any threat to the State or its citizens or any other person lawfully resident in Botswana.

 

3.   Application

   Unless the context otherwise requires, this Act applies to all members of staff of the Directorate.

PART II
Directorate of Intelligence and Security (ss 4-24)

 

4.   Establishment and composition of Directorate

   (1) There is established, under the Office of the President, a Directorate to be known as the Directorate of Intelligence and Security.

   (2) The Directorate shall comprise-

 

   (a)   a Director General;

 

   (b)   a Deputy Director General;

 

   (c)   directors; and

 

   (d)   such other officers and support staff as are referred to in section 10.

 

5.   Functions of Directorate

   (1) Subject to subsection (3), the functions of the Directorate are to-

 

   (a)   investigate, gather, coordinate, evaluate, correlate, interpret, disseminate and store information, whether inside or outside Botswana, for the purposes of-

 

      (i)   detecting and identifying any threat or potential threat to national security,

 

      (ii)   advising the President and the Government of any threat or potential threat to national security,

 

      (iii)   taking steps to protect the security interests of Botswana whether political, military or economic;

 

   (b)   gather ministerial intelligence at the request of any Government ministry, department or agency and, without delay, to evaluate and transmit as appropriate to that ministry, department or agency, such intelligence and any other intelligence at the disposal of the Directorate which constitutes ministerial intelligence;

 

   (c)   regulate, in cooperation with any Government ministry, department or agency entrusted with any aspect of the maintenance of national security, the flow of intelligence and security, and the coordination between the Directorate and that ministry, department or agency of functions relating to such intelligence;

 

   (d)   advise Government, public bodies and statutory bodies on the protection of vital installations and classified documents;

 

   (e)   carry out security vetting investigations for the security clearance of persons who have or may have access to any sensitive or classified information;

 

   (f)   make recommendations to the President in connection with-

 

      (i)   policies concerning intelligence and security,

 

      (ii)   intelligence and security priorities, and

 

      (iii)   security measures in Government ministries, departments or agencies;

 

   (g)   provide personal protection to the former President, the former President's immediate family, the President, the President's immediate family, the Vice President, the Vice President's immediate family, visiting dignitaries and such other persons as the President may determine; and

 

   (h)   subject to any other written law, perform such other duties and functions as may, from time to time, be determined by the President to be in the national interest.

   (2) The Directorate shall not, in the performance of its functions, be influenced by considerations not relevant to such functions and no act shall be performed that could give rise to any reasonable suspicion that the Directorate is concerned in furthering, protecting or undermining the interests of any particular section of the population or of any political party or other organisation in Botswana.

   (3) Subsection (1) shall not be construed as-

 

   (a)   derogating from any power, duty or function conferred upon or entrusted to any person or authority other than the Directorate by or under any other written law;

 

   (b)   limiting the continuation, establishment or functions of an intelligence capability connected to any Government ministry, department or agency in respect of any function relating to ministerial intelligence; or

 

   (c)   derogating from any duty or function of any body or committee instituted by the President.

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