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VOLUME: IV
INTELLIGENCE AND SECURITY SERVICE
CHAPTER: 23:02 INTELLIGENCE AND SECURITY SERVICE

ARRANGEMENT OF SECTIONS

PART I
Preliminary

SECTION

 

                 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)

PART I
Preliminary (ss 1-3)

[Ch2302s1]1.       Short title

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

[Ch2302s2]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.

[Ch2302s3]3.       Application

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