VOLUME: IV

INTELLIGENCE AND SECURITY SERVICE

PART: Preliminary (ss 1-3)

CHAPTER: 23:02

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.