Elusive accountability? examining the complexities of governance within the civilian intelligence services of South Africa

Date
2023-03
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Publisher
Stellenbosch : Stellenbosch University
Abstract
ENGLISH SUMMARY: This study seeks to elucidate complex matters pertaining to governance in the civilian intelligence service of South Africa, the State Security Agency (SSA). The central ontological question is the accountability of the SSA for its financial expenditure. However, the study does not seek to scrutinise or audit the finances of the institution, rather to understand the fundamental reasons behind the inability of the SSA to optimally account for its financial expenditure. The poor accountability record of the SSA was raised in two reports that were respectively produced by the Ministerial Review Commission on Intelligence (MRCI) in 2008 and the High Level Review Panel (HLRP) on the SSA in 2018. The damning finding of the HLRP that “the SSA had become a ‘cash cow’ for many inside and outside the Agency” is at the centre of the inquiry of this study. The plan is to understand the underlying reasons why the SSA deviated from principles of good governance in a manner that led it to be dubbed a ‘cash cow’ at the expense of taxpayers. The epistemological quest of understanding the phenomenon of unaccountability of the SSA is pursued through a thorough examination of existing literature on intelligence governance in general as well as relevant legislative prescripts that guide the conduct and governance of the civilian intelligence service of South Africa. A comparative analysis on navigating the subject of accountability in a secret environment is conducted by utilising the UK as an alternative of ensuring accountability in the intelligence services without compromising classified information. The entire research is conducted by utilising the grounded theory research method with the aim of creating a theory that could offer an understanding of the phenomenon of accountability of the intelligence services, in view of their unique secret operational environment. In this respect, a proposal is made for the SSA to explore the notion of combined assurance on condition that certain pertinent requirements are met for such notion to thrive. The identification of requirements that ought to be considered in the intelligence and accountability discourse is the major contribution of the study to the body of knowledge. Based on the revelations of the research and the subsequent analysis of findings, the study submits that accountability of the intelligence services should consider the omnipresent variable of a secret environment in juxtaposition with universally championed whistle-blowing; a leadership-infused culture of compliance; effective internal controls; robust oversight; and consequence management. The final conclusion of the study is that the interplay between the noted variables determines the extent to which the intelligence services could satisfy accountability requirements, particularly on financial expenditure. Thus secrecy is not necessarily a problem as long as there is a focus on good governance depicted by positive interplay of the variables that were identified by the research. In this respect, the study offers key recommendations for consideration by the SSA and external oversight structures such as the Office of the Inspector-General, the Auditor-General of South Africa and the Joint Standing Committee on Intelligence. The focus on expenditure performance presents a limitation of the scope. In this regard, the matter of performance accountability is not covered in the study, owing to the deliberate focus on the matter of financial expenditure in the context of the SSA having been regarded as a ‘cash cow’. Thus, future research on the matter of accountability of the SSA regarding its performance could add valuable insights to the academic discourse of intelligence services’ accountability debate.
AFRIKAANSE OPSOMMING: Geen opsomming beskikbaar.
Description
Thesis (PhD)--Stellenbosch University, 2023.
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