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PRESENTATION TO SELECT
COMMITTEE FOR SECURITY AND
CONSTITUTIONAL AFFAIRS
2006-07-19
PRESENTATION TO SELECT
COMMITTEE FOR SECURITY AND
CONSTITUTIONAL AFFAIRS
2006-07-19RATIFICATION OF THE
INTERNATIONAL CONVENTION ON THE SUPPRESSION OF
ACTS OF NUCLEAR TERRORISM
BACKGROUNDBACKGROUND The Convention was in the process of drafting when the
Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 was drafted and adopted.
The draft Convention was taken into account in the drafting of the above Act, and the offences required to be enacted in terms of the Convention, are already included in the Act.(Schedule to Act amended Nuclear Energy Act, 1999, and the Non-Proliferation of Weapons of Mass Destruction Act, 1993).
OTHER RELATED OFFENCESOTHER RELATED OFFENCES
Section 2 of the counter-terrorism Act 33/2004 provides for a general offence of terrorism. The definition of terrorist activity, which is an element of the offence is wide enough to cover acts of nuclear terrorism
Section 5 of Act 33 of 2004, provides for the use of explosive or lethal devices, which device could include nuclear devices.
EXCLUSION OF POLITICAL MOTIVE
EXCLUSION OF POLITICAL MOTIVE
Section 1(5) of Act 33 of 2004, is compliant with the Convention in that political, philosophical, ideological ethnic, racial religious or other motive shall not be regarded a justifiable defence in respect of an offence of which the definition of terrorist activity forms an integral part.
OTHER OBLIGATIONSOTHER OBLIGATIONS Extended jurisdiction for South African Courts Protection of radio-active material Dealt with in Act 33 of 2004, and the Nuclear
Energy Act. Schedule 1 to Act 33 of 2004 amended the Nuclear Energy Act, 1999, to specifically provide for acts of nuclear terrorism
Dept of Minerals and Energy in process of having the Convention on the Physical Protection of Nuclear Material ratified.
CONCLUSIONCONCLUSION No new legislation is required to effectively
implement the Convention. Convention was signed by President during last
year. South Africa serious to become Party to all
international instruments to counter terrorism. State Law Advisers Justice and International Law
(Foreign Affairs opinion that ratification may proceed)
RECOMMENDATIONRECOMMENDATIONThat the Committee recommend to the National
Council of Provinces the approval of the INTERNATIONAL CONVENTION ON THE SUPPRESSION OF ACTS OF NUCLEAR TERRORISM as required by section 231(2) of the Constitution.
Once both Houses of Parliament has approved the Convention, the necessary steps will be taken through the Department of Foreign Affairs for the ratification of the Convention and depositing of the instrument of ratification
Thank you !
Asst Comm. PC JacobsLegal Support: Crime OperationsSouth African Police Service
Thank you !
Asst Comm. PC JacobsLegal Support: Crime OperationsSouth African Police Service