Reforming Intelligence: Obstacles to Democratic Control and Effectiveness

Ten: Transforming Intelligence in South Africa

ten transforming intelligence in south africa Kenneth R. Dombroski B y most objective standards, intelligence sector reform in South Africa seems to be a model for success. Not only have the intelligence services been transformed from militarized and highly repressive instruments of internal control into what appear to be more transparent and democratically accountable civilian-led agencies designed to inform policy, but they have done so in a systematic manner that conforms to policy prescriptions and theories of experts in the field of democratic transformation. From a theoretical standpoint, South Africa’s transformation process is a political scientist’s dream come true: models were adapted to policy prescriptions, which in turn were codified into law and operationalized into new structures and procedures. One can study where the South African intelligence sector stood during the apartheid era, how the transformation process was designed and implemented, and what were the tangible results of these reforms on the intelligence sector. What remains to be seen is if the transformation process has realized the high standards set by the reformers, and how these reforms have impacted the effectiveness of the South African intelligence services. After more than a decade into the transformation process, the long-term effects of these reforms remain uncertain, but several trends have become evident. This chapter assesses the intelligence sector transformation in South Africa and offers lessons learned that might be instructive to other democratizing states. The questions to be considered include the following: • Why did F. W. de Klerk’s administration make it a priority for intelligence to be more accountable to the executive branch of government? • Why did the Government of National Unity under Nelson Mandela embrace intelligence reforms as one of their first priorities? kenneth r. dombroski • How does the reality of the South African intelligence community compare with the idealized picture of that community? • Can the South African experience be generalized to offer guidance to other democratizing countries attempting to gain control of independent intelligence services? a model for comparative analysis In the case of South Africa, the structure and evolution of the nation ’s security intelligence institutions during the period of apartheid rule were key factors in preserving the white-minority regime’s power. Understanding the theory behind the structural change from apartheid to democracy is as important as the chronology of its evolution . Peter Gill’s definition and classification of security intelligence organizations provides an excellent basis for developing a model for comparative analysis. Gill defines security intelligence as the ‘‘state’s gathering of information about and attempts to counter perceived threats to its security deriving from espionage, sabotage, foreignin fluenced activities, political violence and subversion.’’1 Gill elaborates on the earlier work of W. W. Keller by creating a typology for security intelligence services in modern states, from which it is possible to classify and compare the services of different states.2 According to Gill, security intelligence services can be classified by the degree of power they possess, measured in the degree of autonomy from external political control and oversight they enjoy, and in the degree of their penetration of society. The classification of the services can then be used to draw some conclusions about the nature of the state. Gill groups security intelligence services found in various types of political regimes, whether authoritarian or democratic, into three general categories, or ideal types: • Bureau of domestic intelligence: The desired type of security intelligence service for a modern liberal democracy, this organization has limited and specific powers derived from a legal charter or statute. Its primary function is to gather information relating to the criminal prosecution of security offenses, and it does not conduct aggressive countering operations against citizens. The British MI5 is a good example of this type of security intelligence service. 242 intelligence in south africa • Political police: This type of organization tends to be found either in authoritarian regimes or in decaying democracies. These operatives have greater autonomy from democratic policymaking and are more insulated from legislative and judicial scrutiny than a bureau of domestic intelligence. This type of security intelligence service responds almost exclusively to the political elites or party in power. Typically, political police focus on internal political opposition groups, often gathering intelligence unrelated to specific criminal offenses, and conducting aggressive countering operations against domestic political opposition to the existing regime. The...