nssd1 nssd: report to portfolio committee: by dr silas ramaite sc sccu – adv sc jordaan sc wpu...

NSSD 1

NSSD: REPORT To Portfolio Committee: By

Dr Silas Ramaite SC

SCCU – ADV SC JORDAAN SC WPU – D ADAM SOCA – ADV T MAJOKWENI PCLU – ADV AR ACKERMANN SC

8 MARCH 2006

NSSD 2

SPECIALISED COMMERCIAL CRIME UNIT

ADV CHRIS JORDAAN SC

HEAD: SCCU

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INTRODUCTION

The The SCCUSCCU has again exceeded all has again exceeded all expectations in the area of service expectations in the area of service delivery.delivery.

The Main Area of activity has been the The Main Area of activity has been the Investigation and Prosecution of Investigation and Prosecution of Complex Complex Commercial crime.Commercial crime.

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PART I – Performance Against Targets 1/4/04 – 31/03/05•Transformation and Developing Skilled Staff

31 MARCH 2004

31 MARCH 2005

31 December 2005

BLACK FEMALES

23.08% 48.72% 24.29% 60% 26.25 62.5%

BLACK MALES

25.64% 35.71% 36.25

WHITE FEMALES

28.20% 51.28% 17.14% 40% 20 37.5%

WHITE MALES

23.08% 22.86% 17.5

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ContinuedEnsuring speedy and effective prosecutions, linked to properly co-ordinated & managed investigations and prosecutions;

Total Average Court Hours - 4hours 41 minutes (Target 4h 19 minutes per day) - Target exceeded by 8.82%90 Section 105A agreements successfully concludedTurnaround times (registration to finalisation: 122,6 days per caseCase load per prosecutor: 62.16 (Target: Not more than 50 cases per prosecutor)Workflow & Production:

03/04 04/05

Cases Finalised 1357 1772

Convictions 491 653

Conviction Rate 94,97% 94,78%

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Continued

INCREASED ACCESSSCCU active in 4 regions: Pta, Jhb, Durban and PE.

Durban commenced 14/8/04 & PE 19/07/04. Planning for the roll out to Cape Town and Bloemfontein commenced.Prosecution of RAF cases is a project undertaken by the SCCU. Two additional prosecutors were appointed in Durban and PE.Other SAPS commercial branches also ad hoc assisted on request.

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Progress Report Current Financial Year

Court Utilization (Court Hours)

Target: 4,31 hours per day (4 h 19 min per day)Current output: Average 4,88 hours per day (4h53min per day) (Target exceeded by 13,22%) (04/05 = 4h41min)Pretoria: Average 5h42 per dayJohannesburg: Average 4h35 per dayDurban: Average 4h06 per dayPort Elizabeth: Average 4h44 per day

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Workflow and Production Case Load per prosecutor in the different centres as at 31 December 2005: 61.2 cases per prosecutor (1.54% improvement on previous year)

Target: Not more than 50

Turn Around Times (from date enrolled to date finalised) 165.24 days per caseTarget: 75%-100% of previous year

(Base line for previous year: 177 days per case)

NSSD 9

Progress Report Current Financial

Combined Workflow SCCU

2004/2005 1 April 2005 – 31 Dec 2005

Total

New dockets registered 3077 2106

Cases enrolled for trial 935 883

Acquittals 36 42

Convictions 653 708

Sentences 635 680

Conviction rate 94.78% 94.4%

Cases withdrawn 213 214

Cases closed (Nolle Prosequi)

888 809

Outstanding cases on court roll

843 927

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High Profile CasesIn many cases, the accused were

sentenced to periods of imprisonment ranging from 12 to 23 years’ effective imprisonment.

Several high profile cases are being investigated or are pending on the court rolls, including prosecutions of members of the DSO, high ranking police officials and other civil servants as well as well known businessmen.

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FOUR of the above cases should be mentioned:A R21.5m investment scheme, State v Procopos in which an agreement in terms of section 105A of Act 51 of 1977 was reached and the accused sentenced to 12years’ imprisonment.

A case expected to set legal precedent is State v Kalmeyer an international kidney trafficking scam, enrolled at the SCCU Durban. “Donors” from Brazil were recruited by a syndicate to supply kidneys for rich Israeli patients.

State v Porrit has been described as one of the most sophisticated investment scams yet. The 1400 page indictment proffers 3160 counts ranging from fraud, racketeering and other statutory offences.

State v Ghavalas in which the accused is charged with pension fund fraud involving R400m. The matter is still under investigation.

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Challenges & Priorities- 06/07

Assisting in finalising the JE process and having all SCCU officials on the correct levels. Further increasing access to SCCU services, including finalisation of the rollout to Cape Town and Bloemfontein. Preparation for 2010 Measuring employee and customer satisfaction Leveraging of stakeholder assistance Increase service delivery to customers Pro actively contributing to prevention of commercial

crime (some projects are under way with the assistance of SABRIC) Enhancing IT usage and support through upgrading,

training and moving toward virtual courts, with as a first priority video conferencing facilities.

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WITNESS PROTECTION UNIT

DAWOOD ADAM

HEAD: WPU

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SUMMARY OF PERFOMANCE AGAINST PRIORITIES – TARGETS 2004-2005

Nationally Enhanced Confidence in WPU, Increased Demand Services Acclaimed.

Internationally Enhanced Confidence in RSA WPU Acclaimed.

NO witnesses or related persons Threatened, Harmed or Assassinated since December 2000 (4 years).

Reduction in number of Grievances Dropped from 90% in 2001/2002 to 3% in 2004/2005.

Reduction in number of Voluntary “Walk Offs” from Programme Dropped from 40% 2001/2002 to 6% in 2004/2005.

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Reduce Cycle Time – stay on programme, Dropped from 4 years in 2001/2002 to 2.5 years in 2004/2005.

Set World Standards – Acclaimed as Leader in Field of Witness Protection.

Clean Bill of Health from Auditor General 2001/2002 to 2004/2005 (3 years in row) in respect of Units

Administration, Operations and Financial Management.

Developed Specialized Internationally Acclaimed Operating Model to achieve mandate of Act, Objectives and key K.P.I and ensure excellence in Serivce Delivery.

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Developed Specialized Operational Training Course against SAQA and B. Teck standards “Close

Protection of Persons” to Achieve Key K.P.I (No Threats/ Harm or Assassinations)

Designed, Own Capacity Model and Lobbied Suppot for Phasing in Own Capacity for Unit. The Model is an International Best Practice due to Inherent

Nature of Witness Protection, Critical for WPU

Value for Money – Enhance Investigtions and Prosecutions.

JAIL TERMS: 3 227 years

LIFE SENTENCE: 159

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PROGRESS MADE ON PERFORMANCE AGAINST PRIORITIES AND TARGETS FOR

2005 – 2006

Nationally, Sustained Confidence in WPU, Increase Demand for Unit Service, Achievements:

Total Number of Witnesses and Related Persons on Programme as at 31/1/06 :- 431. Witnesses 206 Related Persons 225. 70% section 204 witness.

Favourable Reports from Customers, Partners and Stakeholders.

International, Achievement, Increased Confidence in RSA – WPU, resulting in increased demand for

RSA – WPU – Best Practices and its services / cooperation.

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2005 – 2006

No Witness or Related Persons Harmed or Assassinated – since December 2000 – 5 years. One Threat, a section 204 witness child (Child Kidnapped).

Reduction in number of Grievance, dropped from 90% 2001 / 2002 to 1% in 2005 / 2006.

Favorable Report, Feb’ 2006 from Public Protector – all complaints / grievances, finding –

Unsubstantiated.

Reduction in number of Voluntary “Walk Offs” from programme dropped from 6% in 2004 / 2005 to 5% in 2005 / 2006.

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2005 – 2006

Cycle Time – stay on programme, average time remained constant, 2.5 years, dispite sustained Fast Tracking initiatives of WPU cases.

Setting World Standard – Achievement Internationally acclaimed as Leader in Field of Witness Protection.

Specialized Operating Model developed and 60% Implemented.

Challenge Budget Constraints. Operating Model Ensures 24 hours a day 7 days a Week Operations, Remove Witness from Danger Area Within 1 hour.

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2005 – 2006

38 WPU Staff Achieved B. Tech Specialise OPS Training. (Majority of SAPS members) 31 to complete Outstanding Modules – Training Suspended for 2005 – 2006, Budget Containtment.

Phasing in Own Capacity through Absorbing existing 85 SAPS – members Attached to WPU, CRITICAL CHALLENGE.

Lack of Own Capacity Impacts on implementation of Section 6 of the Act.

Public Protector’s Report of Feb 2006 – Own Capacity identified as a Priority for WPU.

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2005– 2006

Value for Money – Enhance Investigations and Prosecutions – Co-Ordinated Law Enforcement acheivements:

Jail Terms – 3555 years

Life Sentences - 542

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OUTPUTS AND TARGETS AS SUBMITTED FOR ENE FOR THE PERIOD

2005/2006

OUTPUT – Efficient and Effective Support Services to Vulnerable and Intimidated Witnesses and Related Persons on the programme.

NO Witnesses or Related Persons on the programme to be Threatened, Harmed or Assassinated – TARGET ZERO – ACHIEVED.

Number of witnesses Voluntary Walking Off the programme 12 – TARGET ZERO – TARGET NOT ACHIEVED- Problematic Witnesses, “High Flyers”.

REDUCTION in Number of Grievances – Reduced to 1% TARGET ACHIEVED.

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OUTPUTS AND TARGETS AS SUBMITTED FOR THE FOR THE PERIOD

2005/2006

OUTPUT – Fast Tracking of WPU cases within CJS – Reduce Cycle Time of witnesses Stay on programme.

OUTPUT – Enhance Investigations and Prosecution, witness on programme providing Essential Evidence. Target 90% of cases – Achievement 95% of cases – Target Exceeded.

NSSD 24

MAJOR PRIORITIES 2006/2007

CONTINOUS Redesign and Transformation of WPU to Ensure Excellent in Service Delivery and to Achieve Strategic Objectives:

FURTHER developing and Sustaining Sleek World Class Operating Model and Setting World Standards.

DEVELOP and Phase in Own Capacity, Sustain Specialized Training Current and Future and to Procure Specialized Equipment supporting training due to inherent nature of Witness Protection.

SUSTAIN Clean Bill of Health from Auditor General.

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MAJOR PRIORITIES 2006/2007

SUSTAIN Efficient and Effective Support Services to Vulnerable and Intimidated Witnesses, Related Person, Law Enforcement and Prosecutions, Nationally and Internationally – Revitalise Batho Pele.

EFFECTIVE and Efficient Administration, Operations and Financial Management. To Ensure Cost Effectiveness and Value for Money.

CONTINUE Lobbing for Appropriate Budget to meet Demand for Services, the Impact of Inflation on Budget and need to provide Aftercare, Develop World Standards and phase in Own Capacity.

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SEXUAL OFFENCES AND COMMUNITY AFFAIRS

ADV THOKO MAJOKWENI

HEAD: SOCA UNIT

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THE AREAS OF FOCUS ARE THE FOLLOWING

Rape

Other forms of Sexual Exploitation

Forced and early marriages

Trafficking in women and children involving labour, sexual and other violence

Destructive Female Genital Mutilation

Domestic Violence

HIV/AIDS in relation to Human trafficking, Sexual and Gender-Based Violence

Maintenance

Child Justice

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THE ANTI-RAPE STRATEGY PROJECT GOVERNANCE STRUCTURE

Advice & Input

Reporting

Project Crisis Management

Project Good Project Good PracticePractice

Project: Project: Investment and Investment and

AnalysisAnalysis

Joint DG Cluster: Justice and Social DG: NDPP – Lead Department

Cabinet Committee – Social Cluster

Government Reference

Group

Civil Society

Reference GroupProgramme

Office

Survive and Fix the Bad Accelerate the Good Build the New

IMCS – Inter Ministerial Committee on Safety, Security and

Intelligence

Research

Steering Committ

ee

IDMT:Interdepartmental Management Team

Led by SOCA

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MATRIX FOR ACTION FOR THE ANTI-RAPE STRATEGY: CHOICES NEED TO BE MADE

ABOUT WHERE TO DISTRIBUTE ENERGY AND RESOURCES

What is Bad?What is Bad?What is Bad?What is Bad?

Lack of safe places - situational and environmental

High backlog in cases

Limited roll out of services to rural areas

Lack of safe places - situational and environmental

High backlog in cases

Limited roll out of services to rural areas

What is Good?What is Good?What is Good?What is Good?

Education campaigns

Thuthuzelas, SO courts, Victim-friendly spaces in police stations

Victim empowerment initiatives

Education campaigns

Thuthuzelas, SO courts, Victim-friendly spaces in police stations

Victim empowerment initiatives

What is Missing?What is Missing?What is Missing?What is Missing?

A profile of offenders and victims

Blueprint to fix CJS for effectiveness in dealing with rape cases

Relevant and systematic support

A profile of offenders and victims

Blueprint to fix CJS for effectiveness in dealing with rape cases

Relevant and systematic support

• A balance must be found across the actions

• Key choices need to be made in terms of how to prioritise which department needs to react

PreventionPrevention

ReactionReaction

SupportSupport

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PILLAR 1 – PREVENTION: THE PREVENTION AGENDA IS THE

ULTIMATE GOAL OF THE ANTI – RAPE STRATEGY

Reduce the Incidence of Actual RapeReduce the Incidence of Actual RapeReduce the Incidence of Actual RapeReduce the Incidence of Actual Rape

Focus on offenders and victims

behavioral issues

belief issues

social issues

Systematic reduction is long term in nature

Benefits accrue on an ongoing basis

some immediate actions already possible

short medium and long term actions will arise from analysis

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PILLAR 2 - REACTION: CHOICES NEED TO BE MADE ABOUT THE DESIRED

OUTCOMES OF THE CJS: SPEED, COST AND CONVICTION

NPA & JUSTICENPA & JUSTICESOCIAL WELFARESOCIAL WELFAREHEALTHHEALTH

The overall objectives should be designed to improve the CJS over the long term; relative trade-offs are necessary between objectives. It is unlikely that evolutionary change can fundamentally restructure the performance

Capacity scheduling

Utilisation

Accepting delays Clearing cases

within time limits

Usage of DNA testing Victim empowerment & Prep

The CJS can only be redesigned once we know what it should achieve

POLICEPOLICE

Cost Conviction

System Reconfiguration

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CONVICTION RATES: APRIL O4 – APRIL 05 A MEASURE OF SUCCESS AND ACCOUNTABILITY GENERATION FOR

OFFENDERSJ COURT IS THE COURT THAT IN THIS PERIOD EXCLUSIVELY DEALT WITH TCC

CASES

0

102030405060708090

100

F Court G Court M Court J Court L Court

F=56

G=77

M=77

J=95

L=74

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PERFORMANCE AGAINST TARGETS FOR 2005/2006

IMPLEMENTING THE ANTI-RAPE STRATEGY MATRIX FOR ACTION

The continuous upgrading of dedicated courts for Sexual Offences for blue print compliance 13 courts added to 54 totaling 67 Improving systemic capacity: 898 multi-disciplinary role-players

underwent skills development through SOCA Establishment of 5 more multidisciplinary care centres (Thuthuzela

Care Centres Umlazi, Phoenix, Mamelodi, Natalspruit - Katorus area and Mafikeng )

The total of child and adult victims/survivors attended to at the TCC’s following the blue print model

2005-2006 = 5000 new rape cases 3000 other sexual and domestic violence 2004-2005 = 2600 new rape cases 1600 other sexual and domestic violence

Victim Support Services: established an inter-sectoral team to draft a uniform protocol for all service providers not covered under the Victims charter appointment of site coordinators in all 10 TCC’s as well as Victim Assistance Officers and Case Managers

NSSD 34


PUBLIC EDUCATION AND AWRENESS CAMPAIGNS – ALL PROVINCES

Adopt a School Project continues to be a success and more prosecutors are visiting schools and mentoring children

with increased ownership of the communities they serve Speak out campaign on human rights affecting women and children – 356 478 learners in 450 schools in the previous year and focused on community leaders for the year under review. We reached 477 leaders in Upington, Bloemfontein, Parow, Odi, George and, Nelspruit. 48 Representative Traditional leaders from 6 Provincial Houses of Traditional Leaders as well as the National house were trained on their role on violence against women and children as well as children as offenders. They are in the process of developing uniform procedure manuals in this regard. 16 Traditional Ambassadors were nominated to be the representatives of traditional leaders in NPA/SOCA outreach programmes in all provinces

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INCREASE IN THE NUMBER OF DIVERTED CHILD OFFENDERS AND A DECREASE IN RESIDIVISM

July 1999 – March 2005 = 89425

April 04 – March 05 = 18523

April 05 – December 05 = 26370

July 1999 – December 2005 =115 795

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PRIORITIES FOR 2006/07 Provinsialisation:

Ensuring a mainstreamed focus on human trafficking sexual and gender based violence in the regions by capacitating offices of directors of public prosecutions with SOCA personnel to initiate and maintain such focus, starting with three regions namely Western Cape (highest number of child offenders and rape cases overall second only to Gauteng), Eastern Cape (poorest and most under resourced province) and KwaZulu Natal (highest number of child rapes).

THUTHUZELA care centres and dedicated courts for sexual offences

In line with our vision of all rape cases to be heard in dedicated courts by 2010, the unit intends to intensify the role our process for sexual offences courts and Thuthuzela care centres. At least 18 TCC’s are to be in place be end 2006 and a 100 courts by end 2006.

Skills development:The systemic capacity is defined by a number of skilled people required to operationalise it. Staff turnover and general lack of expertise demands the process of skills development a continuous process. We expect to train 150 role players of which 100 will be prosecutors in the first quarter.

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PRIORITIES FOR 2006/07 Effective and efficient maintenance process:

An expeditious and effective maintenance system can play a role in the evaluation of poverty for women and children thus allowing the NPA to actualise its bias for the poor. Our competitive advantage is that we have 10 senior maintenance prosecutors who can focus on this outcome and create efficiency in at least 15 courts nationally.

Public education programs:The SOCA Unit has in partnership with the SABC and Unicef crafted a program to empower 45 girl children as mentors and role models for girl children in the country. This program will reach 1000 girls in all provinces by the end of 2006. The second project is the speak-out

industrial play which will be role out to at least 100 schools by the first quarter. The third project will focus on adult workshops in 9 identified communities one per province. We will initiate a boy’s movement on violence against women and children, targeting 100 boys per province.

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PRIORITY CRIMES LITIGATION UNIT

ADV ANTON ACKERMANN SC

HEAD: PCLU

NSSD 39

PERFORMANCE AGAINST TARGETS: 2004 / 2005

1.1. TRC Prosecutions

Audit of 300 cases on hand in NPA structures.

Closure of 167 cases. No grounds for prosecution.

Prosecutions instituted in S v Terre’blanche, S v Blani and S v Nieuwoudt & 2 Others.

Further prosecutions put on hold in November 2004 pending the formulation of guidelines.

Assistance provided to reconvene Motherwell amnesty hearing.

Constitutional Court grants State leave to appeal in S v Wouter Basson.

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2.2. Missing Persons

TRC reports 477 cases.

Researcher appointed to audit report.

150 cases justifying investigation identified.

3. Nuclear Proliferation

(i) S v Asher Karni

Urgent assistance given to US Government to Investigate the import and export of nuclear devices from Cape Town. Assistance results in the arrest and conviction in the USA of an accused. US Government formally

commends PCLU.

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(ii) S v Geiges & Wisser

PCLU instrumental in exposure of South African businesses linked to an international syndicate supplying Libya with nuclear weapons technology. Two directors of a local company charged. Prosecution pending.

4. Proliferation of Chemical and Biological Warfare Agents PCLU institutes first ever prosecution for this type of offence. Company pleads guilty and convicted.

5. National and International Terrorism Advice given to SAPS, NIA and DFA in several matters.

6. Statute of Rome A number of enquiries attended to

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7. Foreign Military Assistance

Attempt to overthrow the Government of Equatorial Guinea:

PCLU manages investigation into the involvement of South African citizens. Three South Africans and one UK citizen

are arrested and plead guilty in terms of section 105A of Act 51 of 1977.

South Africans Performing Security Services in Iraq

A number of enquiries conducted but problems with the existing legislation identified. PCLU recommends amendment of Act.

NSSD 43


1.1. TRC Prosecutions Failure to finalise guidelines results in no further prosecutions being instituted. Late 2005 Constitutional Court sets aside TPD and SCA

rulings in respect of jurisdiction for conspiracies for external crimes in S v Wouter Basson..

2.2. Missing Persons Remains of 23 victims located and exhumed. Forensic

analysis in progress to confirm identities. Official hand-over of remains of five victims at special

national ceremony. Financial assistance provided to families. Liaison with stakeholders re memorialisation. Partnership with Argentine forensic anthropology team.

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Missing Persons continues…

Local capacity building project launched. Initiatives to develop specialised DNA analysis. Partnerships with civil society. Assistance provided to Namibia in respect of recent

discovery of mass graves.

3. Nuclear Proliferation S v Geiges & Wisser

Provisional indictment served. Accused appeared in Pretoria High Court in May 2005. Investigations

continue.

Three other cases within international implications under investigation.

NSSD 45


4. Foreign Military Assistance The plot to overthrow the Government of Equatorial Guinea:

Two further accused convicted and sentenced. Nine further accused to stand trial in August 2006.

Security services in Iraq

Problems identified with proposed amendments to the Act. These still have to be addressed.

5. Conventional Arms Shipping company pleads guilty to conveying conventional arms destined for the Middle East without permits. Employee of arms manufacturer acquitted on charges for supplying his company’s technology to a foreign military power. A number of alleged irregularities with Armscor and the Directorate of Conventional Arms Control under investigation. Less serious cases put on hold due to staff constraints.

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6. Matters Impacting on State Security

PCLU advises national and international bodies of shortcomings in existing legislation.

PCLU provides briefing to Standing Committee of United Nations Security Council.

NSSD 47

MAJOR PRIORITIES FOR 2006/2007

1. TRC CASES Guidelines approved. Finalisation of process essential. Five cases with good prosecution prospects identified. Ten cases warrant further investigation. Press statement by NDPP leads to requests by victims to investigate

further matters. Liaison with other State departments and Directors of Public Prosecution essential to finalise cases.

2. MISSING PERSONS Additional staff appointed. Pace of investigations and exhumations to be accelerated. Policy must be formulated concerning cases outside the borders of

the Republic.

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Missing Persons continues…..

Development of local forensic team with relevant skills prioritised.

Integration with memorialisation structures.

Cooperation with other Government departments and stakeholders.

Development of additional DNA capacity.

Additional assistance to Namibia may be required.

NSSD 49


3.3. Nuclear Proliferation Four similar matters to be prioritized.

4. Foreign Military Assistance Plot to overthrow the Government of Equatorial Guinea: Prioritizing

outstanding prosecutions.

Security Services in Iraq: Awaiting amendments to the Act.

5. Matters Affecting State Security

PCLU intends making recommendations to amend legislation. PCLU prioritizing coordinated law enforcement approach.

NSSD 50

THE END

THANK YOU

nssd1 nssd: report to portfolio committee: by dr silas ramaite sc sccu – adv sc jordaan sc wpu...

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