Parliamentary Question: DoDMV: statutory provisions

1978

Adv. L.H. Max (DA) to ask the Minister of Defence and Military Veterans:

What (a) statutory provisions, (b) regulations, (c) policy instruments and (d) practices that govern the (i) classification, (ii) protection against the release or access, (iii) protection for other purposes such as preservation and (iv) release upon the request for access of (aa) documented information and (bb) undocumented information held by (aaa) her department of (bbb) any other entities who receives budgetary transfers from her departmen.

REPLY
(a) (aaa) The Regulatory Framework governing the management of information in the Department of Defence and Military Veterans is as follows:
a.Statutory Provisions
i.Constitution of the Republic of South Africa, 1996;
ii.Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);
iii.Defence Act, 2002 (Act No. 42 of 2002);
iv.Protection of Information Act, 1982 (Act No. 84 of 1982);
v.National Strategic Intelligence Act, 1994 (Act No. 39 of 1994);
vi.National Archives and Record Service of South Africa Act, 1996 (Act No. 43 of 1996);
vii.National Health Act, 2003 (Act No. 61 of 2004);
viii.Mental Health Care Act, 2002 (Act No. 17 of 2002).
b.Regulations. The General Regulations for the SANDF and the Reserve do not contain specific provisions in this regard. However, the Department is in the process of drafting Regulations in terms of the Defence Act, 2002 (Act No. 42 of 2002).
c.Policy Instruments
i.White Paper on Defence, 1996;
ii.Department of Defence Policy on the Disclosure of Defence Information, 22/1999;
iii.Department of Defence Instruction 34/2000: Promotion of Access to Information Act, 2002 (Act No. 2 of 2002);
iv.MOD letter MS/501/1/1/34065 dated 28 July 2005: Uncontrolled Release of Information, read with PDSC Minutes dated 20 May 2010;
v.Department of Defence Instruction 8/2001: Policy on Information and Communications Systems Security in the Department of Defence;
vi.Department of Defence Instruction 13/2002: Policy on the Management of Records in the Department of Defence;
vii.Joint Defence Publication 4/2004: Principles, Processes and Procedures for the Management of Records in the Department of Defence;
viii.Department of Defence Directive 8/2008: Management of Records in the Department of Defence;
ix.Minimum Information Security Standard dated 4 December 1996;
x.SA National Defence Force Order 2/97: Maintenance of Security in the SANDF;
xi.Joint Defence Publication 203: Protection in the SANDF.
d.Practices that Govern Classification, Protection against Release or Access, Protection for Purposes of Preservation and Release upon Request for Access
i.DD 1112. Acceptance of Security Restrictions by DOD Official;
ii.DD 1112. Acceptance of Security Restrictions by Civilian/Contractor;
iii.Defence Intelligence Instruction 01/2009. Counter Intelligence Guidelines for Security Grading of Defence Community Posts;
iv.Defence Intelligence Security Instruction 20/2009. Procedures to be followed in the Utilisation of Code Words and Project Words in the Department of Defence;
v.Defence Intelligence Security Instruction 62/2010. Regarding Foreign Students and DOD Students Involved in Training Assistance.
(a) (bbb) In respect of any other entities which receive budgetary transfers from the Department, such entity being Armscor, the statutory provisions, regulations, policies that govern the classification, protection against the release or access, protection for other purposes such as preservation and release upon request for access of documented and undocumented information held by this entity is outlined in the table below:

Classification

Documents
a. Protection against the release or access to documented and undocumented information

Defence Act (No 42 of 2002)

ARMSCOR Act (No 51 of 2003)

The Promotion of Access of Information (PAIA) Act 2 of 2000

Minimum Information Security Standard as approved by Cabinet (MISS)

ARMSCOR Security Policy
(A-Pol- 9000)

Information Management Policy
(A-Pol-5010)

Records Centre Procedure
(AQ- PROC-3082

In terms of Preservation of documented and undocumented information held by the ARMSCOR the legislative prescripts applicable are:

National Archives and records Services of South Africa – April 2006: Managing electronic records in governmental bodies: policy, principles and requirements

The National Archives and Records Services of South Africa

The statutory provision(s) that govern the release upon request for access of documented and undocumented information held by ARMSCOR is:

Promotion of Information Act (PAIA) Act 2 of 2000

ORIGINATOR OF ORIGINAL RESPONSE

Name: Mr. S. Mkwanazi

Tel: (012) 428 1911

Name: Col L. Gernandt

Tel: (012) 355 5318



Cell: 082 256 2565