Security Vetting A South African Management Perspective

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1 Security Vetting A South African Management Perspective five-day executive programme 8-12 July 2013 Cape Town

2 Background Part of our objective as State Security is to be able to conduct vetting for all government departments in a user-friendly and speedier manner. This is in line with our counter intelligence mandate that ensures that we create conditions of security that enables government and critical state entities to do their work. Minister of State Security, Dr Siyabonga Cwele - Budget Vote Speech (10 May 2012) An important feature of public sector institutions and organisations today is that the highest levels of honesty and integrity are required from all the personnel, from the administrative personnel to the executive management. It is therefore essential to ensure that the recruitment, selection and placement processes and procedures in such institutions and organisations are done in accordance with the legal framework applicable to the South African public service. The evaluation of applicants and candidates must be based on the formal qualifications, knowledge, skills, training, prior learning, experience and competencies of the individual. This assessment of the applicant and candidate for a position is usually conducted through a shortlisting process, in many cases an accomplishment analysis, a formal interview, reference and qualification checking. Management of these processes and procedures according to the regulatory legislative or organisational framework ensures accountability. But, there may be instances where it is necessary to add another dimension to these processes and procedures it may be necessary to conduct a security vetting or screening of an applicant and candidate who is to be employed in an environment where the security and safety of people, goods or state information or property is the essence of the operation and activities of the public sector institution or organisation, or where such security vetting is in the public interest and/or in the national security interest.

3 This course will set out the concepts and principles behind security vetting and screening in the context of the public sector in South Africa. The legislative and regulatory framework, the policy guidelines and documentation as well as the operationalisation of the processes and procedures will be comprehensively dealt with by experts and practitioners in the field. Course Objectives and Outcomes The overarching objective of this course is to provide participants with strategies to deal with, and manage security vetting within the context of the public sector in South Africa, both within the three spheres of government, as well as in parastatals and other state institutions and corporations: To provide a clear understanding of the contextual environment and historical concepts of security vetting, both internationally and in South Africa; To create an understanding of the consequences of security vetting in South Africa; To provide an understanding of the principles and applications, policy and legislation relating to security vetting within the South African context; and To provide tools to enhance the management of security vetting and its challenges in South Africa. The programme will also include inputs from the newly-created Anti-corruption Centre for Education and Research of the University of Stellenbosch (ACCERUS) which has, as one of its goals, the development of more effective employment of the more critical internal systems within government institutions and better application of the various anti-corruption mechanisms and regulations that currently exist in order to influence employee behaviour. Accreditation This accredited executive programme carries 12 credits towards various modules in the Master of Public Administration degree programme at Stellenbosch University (SAQA Level 9). As such, it is formally approved and quality-controlled as required by the South African Qualification Authority (SAQA) and the Higher-Education Qualification Committee (HEQC).

4 Target Group All senior and middle functional and HR managers of national, provincial and local government departments and parastatals and other state institutions and corporations, as well as all personnel involved in the vetting processes within their organisations and institutions. Assessment and credits After attending this course, participants should be able to fulfil the assessment criteria through the indicated methods of assessment. Assessment criteria This programme will require that participants show a comprehensive, systematic and integrated knowledge of the discipline and field of security vetting and show a coherent and critical understanding of the theories and methods/techniques relevant to the discipline and the field. Each participant must, through the assessments, provide proof that he/she has acquired a satisfactory level of knowledge and that he/she has mastered the practical applications to the extent that it can be applied to work-related challenges and responsibilities. Assessment methods Performance of participants wishing to gain twelve NQF level-nine credits will be assessed by means of: A group written and class-presentation assessment consisting of a case study to assess insight into the context and actions and interactions required for security vetting (40%). A portfolio on a work-related application to be submitted within four weeks after completion of the course (60%). Contact Training Co-ordinator: Mrs Hanlie Coetzee Tel: hcoetzee@sun.ac.za

5 Daily Programme of Activities Times Day 1 Day 2 Day 3 Day 4 Day 5 08:00 to 08:30 Registration, tea, coffee Tea, coffee Tea, coffee Tea, coffee Tea, coffee 08:30 to 10:30 Setting the Scene for Security Vetting 1. The International Context 2. The South African Context Break 11:10 to 13:00 3. The South African Governance Context: The Philosophical Context The Constitutional Context The Political Context The Moral and Ethical Context The Institutional Context The Professional Context Security Vetting: The Concepts 4. The Reasons for Security Vetting 5. The Effects and Impacts of Security Vetting 6. The Process of Security Vetting: An Overview 7. The Consequences of Security Vetting: Intended Consequences Unintended Consequences 8. Security Vetting: Preliminary Conclusions South African Security Vetting: Policy Guidelines and Legislation 1. The Legal Mandate of Security Vetting in South Africa: State Security Agency (NIA and SASS), SAPS and SANDF Private Sector Operationalising Security Vetting in South Africa 1. Setting up and Managing Security Vetting Institutional Capacity in South African Bringing it All Together: A Security Vetting Simulation for Evaluation Exercise Break Break Break Break Information Security : MISS document Principles of Security Vetting 1. Why security vetting? 2. Security vetting phases 3. Security vetting requests 4. Delays in security vetting outcomes 5. Security vetting fundamentals 6. Intelligence and Security Vetting 2. Other Acts of Parliament and policies relevant to Security Vetting 3. The Prescribed Form for Security Clearance (Z204 form) 4. Factors Relevant to Acquiring a Security Clearance 2. Strategic Planning for Security Vetting Institutional Capacity in South Africa Bringing it All Together: A Security Vetting Simulation for Evaluation Exercise 13:45 to 15:45 Understanding Security Vetting 1. The Necessity for and Functionality of Security Vetting 2. The Nature of Security Vetting 3. The Scope of Security Vetting 15:45 to 16:15 Individual and small group Lunch Lunch Lunch Lunch Principles of Security Vetting (Cont.) 7. Security Vetting Challenges 8. Security Vetting Interviews 9. Management of Security Vetting Officers (Field workers) 10. Performance Management Tool 11. Case Study Individual and small group 5. Factors Relevant to Acquiring a Security Clearance (Cont.) 6. Is Security Vetting Constitutional? Security Vetting and Various Sections in the Constitution Individual and small group 3. Managing Security Vetting Processes in South African Institutions Individual and small group Discussion of Assessments; Course Evaluation, Function, Departure

6 References Anderson, A.M; Dodd, A. and M.C. Roos Everyone s Guide to South African Law. Zebra Press, Cape Town. Basson, A. et al th ed. Essential Labour Law. Centurion: Labour Law Publications. Currie, I. & de Waal, J The Bill of Rights Handbook. 5 th ed. Cape Town: Juta. Mdluli, B.D Fundamentals of Security Vetting in a Democratic South Africa. Cape Town: JM Productions (publication date: March/April 2011). Matakata, J Security Vetting in South Africa. Cape Town: JM Productions (publication date: March/April 2011). Mayer-Rieckh, A. & De Greiff, P Justice as Prevention Vetting Public Employees in Transitional Societies. New York: Social Science Research Council National Intelligence Agency (NIA) Vetting Strategy in Context [Accessed: 04/03/13]. Nel P.S. & B.J. Swanepoel South African Employment Relations. Theory and Practice. J. L. van Schaik, Pretoria. Republic of South Africa DPSA Circular 14/1/1/P (23 November 2007) Implementation of the National Vetting Strategy. Pretoria Republic of South Africa DPSA Circular HRP 1 of 2010 Verification of Employee Qualifications. Pretoria Republic of South Africa Minimum Information Security Standards, Pretoria Republic of South Africa MISS Cabinet Memorandum: 567/2002. Pretoria Republic of South Africa National Vetting Strategy Cabinet Memorandum 1/2006. Pretoria Republic of South Africa White Paper on Intelligence. Pretoria Schwella, E; Burger, J; Fox, W & J.J. Muller Public Resource Management. Juta & Co. Ltd., Kenwyn. Why we are restructuring spy agencies Siyabonga Cwele =Detail [Accessed: 04/03/13].

7 Legislation Republic of South Africa. The Constitution, 1996 (Act 108 of 1996). Republic of South Africa. Basic Conditions of Employment Act, 1997 (Act 75 of 1997). Republic of South Africa. Defence Act, 2002 (Act 42 of 2002). Republic of South Africa. Employment Equity Act, 1998 (Act 55 of 1998). Republic of South Africa. Intelligence Services Act, 2002 (Act 65 of 2002). Republic of South Africa. Intelligence Services Regulations, 2003 (Government Gazette 25592, 16 October 2003). Republic of South Africa. Labour Relations Act, 1995 (Act 66 of 1995). Republic of South Africa. National Strategic Intelligence Act, 1994 (Act 39 of 1994). Republic of South Africa. Promotion of the Administration of Justice Act, 2000 (Act 3 of 2000). Republic of South Africa. Protection of Information Act, 1982 (Act 84 of 1982). Republic of South Africa. Protection of Information Bill, Republic of South Africa. Public Service Act, 1994 (Act 103 of 1994). Republic of South Africa. Public Service Regulations (Government Gazette 21951, 1 January 2001). Republic of South Africa. Regulation of Interception and Provision of Communicationrelated Information Act, 2002 (Act 70 of 2002). Republic of South Africa. South African Police Service Act, 1995 (Act 68 of 1995) Republic of South Africa. Skills Development Act, (Act 97 of 1998). Republic of South Africa. Skills Development Levies Act, (Act 9 of 1999).

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