After initially agreeing to a roadmap that would see the Standing Committee on Accounts (Scopa) exercise parliamentary oversight over the State Security Agency, following a legal opinion from parliamentary services, the ANC Scopa members have made an about turn and are now trying to walk back from enforcing that decision.
Today, the ANC deployed Doris Dlakude, the ANC Deputy Chief whip, to ensure the ANC Scopa members towed the line and blocked any Scopa oversight over the SSA.
The attempt to block the Scopa investigations flies in the face of Ramaphosa’s response to Scopa in which he recommends that Scopa focuses on the apparent malfeasance of the SSA funding exposed by the Zondo Commission.
Following meetings held earlier this year by Scopa over allegations on the misuse of public funds by the SSA to allegedly fund party political activities, Scopa obtained a legal opinion which paved the way for a roadmap to ascertain how Scopa can go about performing its oversight over financial aspects of the SSA.
The Scopa roadmap for oversight over SSA was informed by the fact that SSA was a creature of statute, established and regulated in terms of the Intelligence Services Act, 2002 (Act 65 of 2002). It is supposed to be audited by the Auditor General but in practice, the A-G has faced challenges in auditing the agency as described in the December 2018 High Level Panel Review Report on the SSA.
Of particular concern is the findings in the report that the AG does not enjoy unfettered access to the financial, procurement and performance activities of the SSA. The result of this limited access is that the AG is forced to automatically provide a qualified audit of the SSA every year.
A previous opinion to Scopa noted that the Joint Standing Committee on Intelligence (JSCI) has a specific mandate to look into the accounts of the State Security Agency as provided for in section 3 of the Intelligence Services Oversight, 1994 (Act 40 of 1994).
However, it is important to highlight that this mandate is not framed as an exclusive legislative mandate and thus there is no reason in law which automatically precludes Scopa from considering the financial statements and related matters of the SSA as per the oversight functions of the Committee.
It appears that the historic reason for Scopa not conducting financial oversight over the SSA may be due to the SSA citing confidentiality as meetings of Scopa are held openly whereas meetings of the JSCI are closed.
However, there is no reason why Scopa cannot close its meetings for purposes of conducting financial oversight over the SSA if necessary. Such closure is provided for in NA Rule 184. In addition, closure would only be necessary in as far as the SSA can demonstrate that the disclosure of information could reasonably be expected to prejudice the defence, security or international relations of the Republic.
However, suddenly today not only did members of the ANC vociferously object to the previously agreed roadmap, but the Honorable Doris Dlakude, the ANC Deputy Chief whip was present in the meeting to vociferously argue that the Joint Standing Committee on Intelligence must not be undermined and that Scopa must essentially “stay in its lane”.
It is clear that the ANC is feeling very threatened by Scopa attempting to exercise its oversight over the financial matters pertaining to the SSA, and to ensure all members of the ANC sitting on Scopa speak with one voice, their deputy chief whip has been deployed to ensure compliance and that no one acts of their own accord. Rather like what happened when the Honorable Dirks was summarily removed from Scopa when he brought the irregularities at the SSA to the attention of Scopa in the first place.
I have already submitted questions in this regard to the Minister in the Presidency and clearly there is an attempt to block this particular line of inquiry being pursued by Scopa.