DA to submit PAIA application for Minister Dlodlo’s intelligence report
27 July 2021
The DA will today submit an application in terms of the Promotion of Access to Information Act (PAIA) for the intelligence report(s) which State Security Minister Ayanda Dlodlo claimed she handed over to Law Enforcement prior to the recent looting and unrest, but which Police Minister Bheki Cele says he never received.
It is critical that South Africans know the Who, When and What of this catastrophic failure of our security cluster to protect citizens and property: Who knew upfront about the looting and unrest, when did they know it, and what did they then do about it? These questions apply to all in the security cluster, but specifically to President Cyril Ramaphosa, State Security Minister Ayanda Dlodlo, Police Minister Bheki Cele and Defence Minister Nosiviwe Mapisa-Nqakula.
Section 46 of PAIA deals with the disclosure of a record of a public body that would reveal “a substantial contravention of, or failure to comply with, the law”, as well as instances where public interest in such a disclosure would outweigh any potential harm.
The National Strategic Intelligence Act (NSIA) states that the National Intelligence Agency “must supply (where necessary) intelligence relating to any such threat to the South African Police Service for the purposes of investigating any offence or alleged offence.” (Section 2 (1) (b) iii). The Act also states that it shall be the function of SAPS "to gather, correlate, evaluate and use crime intelligence in support of the functions of the South African Police Service as contemplated in section 215 of the Constitution.”