PRESENTATION TO SELECT COMMITTEE FOR SECURITY AND CONSTITUTIONAL AFFAIRS RATIFICATION OF THE INTERNATIONAL CONVENTION ON THE SUPPRESSION OF ACTS OF NUCLEAR TERRORISM

BACKGROUND  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 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  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 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.

CONCLUSION  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)

RECOMMENDATION  That 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 Jacobs Legal Support: Crime Operations South African Police Service