Photo by Dan Harrson on Unsplash.
Stop GILAB
Achieved result
On 26 March 2024, the National Assembly adopted the third version of GILAB incorporating many of our suggestions. A major win, aligned with our and South African civil society’s requests, was the removal of the provision allowing security vetting of non-profit organisations, churches, and their personnel. Additionally, GILAB has improved its regulation of mass interception with stricter controls on data management and protections, recognising the safeguards under the Protection of Personal Information Act. Yet the Bill, now before the National Council of Provinces for consideration, still has shortcomings that need to be addressed.
Advocacy
Post date
12th December 2023
Privacy International joined civil society efforts to call the South African Parliament not to approve the draft General Intelligence Laws Amendment Bill 2023 (GILAB), which was approved by the Cabinet and introduced in Parliament.
The Bill was proposed by the South African government, after the Constitutional Court found the Regulation of Interception of Communications Act of 2002 (RICA) unconstitutional on multiple grounds.
The draft Bill fails to meet the human rights standards on many accounts and the statement highlights five key issues. Among others, we are concerned that the Bill:
- gives state security agencies the power to conduct mandatory security vetting on any “person or institution of national security interest", with a definition so broad that it gives the state the power to vet any private individual or institution;
- fails to ensure the independence of the monitoring body of intelligence agencies and its capacity to enforce their decisions;
- widens the definitions of key concepts such as national security threats, which would allow unconstrained intrusions;
- gives state security agencies the power to vet individuals who access nationwide vital points such as the SABC, a threat to journalistic independence.
The Bill represents an attempt to interfere with the exercise of human rights, particularly privacy, freedom of expression, and freedom of assembly and association. We call on Parliament to ensure the Bill is either withdraw or redrafted fully to bring it in line without the Constitution.
