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SAFETY AND SECURITY PORTFOLIO COMMITTEE
12 November 2002
INTERNATIONAL CONVENTION FOR SUPPRESSION OF TERRORIST BOMBING; INTERNATIONAL CONVENTION FOR THE SUPRESSION OF FINANCING OF TERRORISM; SADC PROTOCOL ON CONTROL OF FIREARMS, AMMUNITION AND OTHER RELATED MATERIAL IN SADC REGION: DELIBERATIONS
Chairperson: Mr M Booi (Acting)
Documents handed out:
International Convention for the Suppression of Terrorist Bombings
International Convention for the Suppression of the Financing of Terrorism
Explanatory Memorandum: International Convention for Suppression of Terrorist Bombing
Protocol on Control of Firearms, Ammunition & Other Related Materials in SADC Region
Chief Manager: Legal Component, Detective Service-SAPS summarised the salient aspects and the necessity for South Africa to ratify both the Convention on Terrorist Bombing and the SADC Protocol on Firearms. The Committee without too much debate approved the international documents.
International Convention for the Suppression of Terrorist Bombing
Dr Jacobs,Chief Manager: Legal Component, Detective Service-SAPS, highlighted that the international documents presented to the Committee had appeared before members previously. The issues in the Convention on Terrorist Bombing were the same as those in the Convention on Financing Terrorism. He added that South Africa was bound by UN Security Council Resolution 1373 to ratify these conventions. Referring to the existing twelve international conventions on terrorism, he stated that South Africa was obliged to sign these conventions in terms of UNSC Res. 1373. Thus far, South Africa ratified eight of these conventions, six were outstanding, but would be appearing before Parliament shortly and three were still not considered. These three related to maritime law and nuclear terrorism.
Mr P Swart (DP) stated that the Committee should approve the ratification of the convention.
SADC Protocol on the Control of Firearms, Ammunition and other Related Materials
Dr Jacobs informed the Committee that the negotiation of this Protocol was an exciting and interesting one. South Africa had played a leading part in the negotiation process. The basis of the Protocol was based on several sources: a number of international instruments were consulted for example American, SADC and other mutual legal assistance documents.
Article 5 of the Protocol, he pointed out, provided a checklist for any country, and this therefore provided for the harmonisation of legislation in any SADC country.
Ratification was necessary, as the Protocol was consonant with South African legislation and its international legal obligations. Thus far, he was aware of only four countries that had adopted the Protocol. He assumed these were Namibia, Botswana, Mozambique and Zimbabwe.
Mr Swart (DP) enquired as to why the signature of Angola was absent on the Protocol. Dr Jacobs stated that Angola was not present at the time of signing; however Angola had consented to the Protocol. He also drew the attention of the Committee, to article 22, which stated that the Protocol would only be enforced once it has received ratification by two thirds of the Member States.
Ms A van Wyk (DP) expressed her concern with article 8 on State-owned firearms. Her recent consultation with the Police Commissioner highlighted that the register of State owned firearms was not up to date. Referring also to article 6 on Operational capacity, indicated that departmental heads require further harmonisation in terms of this article.
Mr Swart (DP) commenting further on state-owned firearms, stated that whilst Departments were requested to provide an audits, these audits had not been completed as regards the number of firearms in State departments.
The Chairperson (ANC) read the International Convention on the Suppression of Terrorist Bombing reports (which was not handed out) to the Committee. Members agreed to its adoption.
The Chairperson (ANC) read the SADC Protocol on the Control of Firearms, Ammunition and other Related Materials. Members agreed to its adoption
Meeting was adjourned.
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