The General Intelligence Laws Amendment Bill (GILAB) could have serious ramifications for our constitutional rights, as it could pave the way for undue interference by state security agencies, jeopardising democratic principles and potentially enabling overreach reminiscent of the state capture era. These are just some of the reasons why OUTA submitted a detailed critique of the Bill to Parliament. 

OUTA’s submission highlights potential threats to our democracy posed by certain aspects of the bill, such as: 

Extension of State Intelligence Agencies' Vetting Powers: The broad definition of “person or institution of national security interest" grants excessive authority to state intelligence agencies for mandatory security vetting and has the potential for major abuse of power. 

Expansion of mass surveillance capabilities: Expanding the surveillance powers of state security agencies through the National Communications Centre (NCC) without adequate safeguards for privacy and freedom of expression, risks granting unchecked surveillance powers to the government.

Failure to deliver on oversight and accountability: The GILAB overlooks vital oversight and accountability flaws in the State Security Agency (SSA), neglecting to address them. This failure compromises oversight body independence and allows for the misuse of secret funds, perpetuating the risk of power abuse.

Expanding the definitions of national security: The bill expands national security definitions, fostering ambiguity and enabling unchecked state intelligence agency intrusion into citizens' lives. Vague language increases the risk of misinterpretation and potential power abuse by the state.

What do we want Parliament to do?

• Revise the GILAB to prevent constitutional challenges, with broad public consultation. 

• Reform oversight with focused, proportional measures, enhancing independence and transparency. 

• Ensure inclusive public participation to safeguard rights and prevent abuses of power.

OUTA wants to underscore the importance of preserving democratic principles and protecting citizens’ rights. We look forward to parliament’s response and we hope that our concerns will be given due consideration. 

Read more about OUTA's work on this here.

You can read our submission to the Ad hoc Committee on the General Intelligence Laws Amendment Bill here.