MINISTRY MEDIA BRIEFING
JUSTICE, CRIME PREVENTION AND SECURITY CLUSTER
25 August 2004

Document handed out:
JCPS Cluster Media Briefing Notes (25 August 2004)
Government Programme of Action: Justice, Crime Prevention and Security Cluster
Government Programme of Action: International Relations, Peace and Security Cluster

Briefing
The briefing was given by the Chair of the Cluster, Mr C Nqakula, Minister of Safety and Security, accompanied by Mr N Balfour, Minister of Correctional Services, Mr R Kasrils, Minister of Intelligence and Adv J De Lange, Deputy Minister of Justice and Constitutional Development.

Minister Nqakula said that it is one of the cluster’s priority to ensure that specialised courts are established countrywide and as evidence of this fact a total of 52 Sexual Offences Courts have already been set up. The plan to set up Commercial Courts in Port Elizabeth, Cape Town and Durban, in addition to the ones already in place in Pretoria and Johannesburg, is in the pipeline and hopefully they will be in place by the end of October 2004. The Hatfield Community Court in Pretoria is a success and there is a plan to establish other Community Courts throughout the country.

Deputy Minister De Lange noted that the Directorate on Special Operations and the Scorpions have commenced their investigation on activities of a number of individuals in terms of S28(1)(a) of the National Prosecuting Authority Act. The investigation is focused on the possible contravention of the Foreign Military Assistance Act, especially with regard to funding and provision of logistical support to the group arrested in Equatorial Guinea. As a result two warrants were issued by the Court, one for the arrest of Mr Thatcher and another for a search of his premises. The public would be informed accordingly as the process unfolds.

Questions and Answers
Q] A Business Day reporter asked if South Africa has been able to gain access to its two citizens that were arrested in Pakistan for alleged links to Al Qaeda.

A] Minister Kasrils responded that the access they have had to these two has been very limited.

A] Minister Nqakula referred journalists to the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill which will soon be finalised by Parliament.

Q] A Business Day reporter asked if South Africa could confirm the allegations made by Pakistan connecting these two to Al Qaeda.

A] Minister Kasrils responded that there is nothing that could be revealed at this stage as Pakistan authorities are investigating what these two were doing in Pakistan in the company of a known, highly sought-after Al Qaeda operative. However the South African government has shown concern in the matter and has therefore instituted its own investigation in collaboration with the Pakistani authorities.

Q] The Minister of Safety and Security was asked if the concerns raised by COSATU regarding the "Terrorism" Bill [Protection of Constitutional Democracy Against Terrorist and Related Activities Bill] would be taken into account when the Bill is considered by Parliament.

A] Minister Nqakula responded that he has been in constant contact with COSATU, with the view of obviating any problems highlighted in their submission, with regard to the interpretation of the Bill. However since these discussions are separate from the parliamentary processes and the decision to amend the Bill lies with the two Houses of Parliament, he cannot therefore state whether there would be any changes in the Bill.

Q] A SAPA reporter asked the Minister of Safety and Security to clarify the status of Mr Mark Thatcher in South Africa.

A] Minister Nqakula responded that since the citizen status of Mr Thatcher is part of the investigation process, he cannot therefore reveal what is happening.

Q] A SAPA reporter asked the Deputy Minister of Justice and Constitutional Affairs to elaborate on how many people are under investigation.

A] Deputy Minister De Lange responded that since the investigation is still underway it would not be prudent to give out further information, save to say that there are more and more activities that have been picked up as amounting to contraventions of Foreign Military Assistance Act. He noted the government’s commitment to reconstructing Africa and the serious effect which these activities might have in undermining such a commitment. All endeavours have to be made to pursue the matter and the public would be briefed accordingly as the matter unfolds.

Q] A Cape Talk Radio presenter asked for clarity on the status of an investigation into the Hollywood Planet bombing in Waterfront that took place six years ago, noting that no one had been arrested for this.

A] Minister Nqakula acknowledged that there had been no arrest. However a case with an open docket cannot simply be closed and therefore the matter is still under investigation. He called upon the public to come forward with any information, however trivial it might look, since it might be helpful in leading to the arrest of the wrongdoers.

Q] An Independent Newspaper reporter asked the Deputy Minister of Justice and Constitutional Affairs to clarify what is happening with the Victim Charter that the State President had promised would be in place by the end of August 2004, especially taking into account the victims of Planet Hollywood.

A] Deputy Minister De Lange noted that the issue of a Victims Charter had been fully canvassed in Parliament and that the Minister of Justice and Constitutional Affairs, Ms B Mabandla, had outlined what had been done by the department. The matter is now before the Minister, who would in turn table something with the relevant committee of the Cabinet within the coming weeks. However it was important for everyone to understand the objects of the Charter which clearly outline the services that are available for crime victims and what could be expected from the Cluster and which does not create any new rights nor duties. However the possibility of a Victim Fund had been researched by the South African Law Reform Commission. This is something quite different from the Charter, and the Department is still studying this report.

Q] An SABC reporter noting that the Regulation on the Foreign Military Assistance Act is presently being reviewed. He asked what shortcomings in the present Act had led to that decision.

A] Minister Nqakula responded that there are many things that led to revisiting the current Act such as the fact that it does not adequately address the case of South Africans who work for private security companies in a foreign country, as is the case in Iraq. Further it does not adequately address those cases where South Africans join the military formations of other countries and thus go to war under the flag of another country despite being South Africans. So the Cluster saw it necessary that the law should make provision for these instances as they do not fall under the definition of ‘military assistance’ provided in the Act.

A] Deputy Minister De Lange added that while a host of legislation addresses some of these areas, it is important for government to look at them carefully and see how they address the issues relating to armed conflict and its consequences. They also need to deal with those security companies which train people for military activities and thus promote mercenaries despite their authority being to provide training for security activities only within the country. The government has appointed a Task Team on this and its report would be made public as soon as it completes its task.

A] Minister Kasrils added that the Parliamentary Committee on Defence would be having sessions in the coming week where a number of experts would be invited to address the same matter.

Q] The Minister of Correctional Service was asked to clarify what would happen to the Popcru members in Mpumalanga who were dismissed for striking. Would anyone be reinstated?

A] Minister Balfour responded that there are disciplinary hearings taking place against those staff members who were involved in the illegal strike and he awaiting the report. In order to ensure that everyone is treated as fairly as possible, they have entered into an agreement with the union on how to take this matter forward.