PRESENTATION TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT

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PRESENTATION TO SELECT COMMITTEE ON SECURITY AND
CONSTITUTIONAL DEVELOPMENT

• CONSIDERATION BY PARLIAMENT OF PROCLAMATIONS IN
  TERMS OF SECTION 26 OF THE PROTECTION OF
  CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND
  RELATED ACTIVITIES ACT 2004

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SOURCE AND BACKGROUND MATERIAL

• United Nations Website
• http//www.un.org/sc/committees/1267/information.s
  html
• Information on work of Committee
• Listing and Delisting
• Monitoring
• Significance of List

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BACKGROUND

• UNITED NATIONS SECURITY COUNCIL RESOLUTION
  1267/1999 and related Resolutions

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CHAPTER VII OF UNITED NATIONS CHARTERhttp//www.u
n.org/aboutun/charter/
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CHAPTER 7 PROVISIONS

• Article 39
• The Security Council shall determine the
  existence of any threat to the peace, breach of
  the peace, or act of aggression and shall make
  recommendations, or decide what measures shall be
  taken in accordance with Articles 41 and 42, to
  maintain or restore international peace and
  security.

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Article 41

• The Security Council may decide what measures not
  involving the use of armed force are to be
  employed to give effect to its decisions, and it
  may call upon the Members of the United Nations
  to apply such measures. These may include
  complete or partial interruption of economic
  relations and of rail, sea, air, postal,
  telegraphic, radio, and other means of
  communication, and the severance of diplomatic
  relations.

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Article 48

• The action required to carry out the decisions of
  the Security Council for the maintenance of
  international peace and security shall be taken
  by all the Members of the United Nations or by
  some of them, as the Security Council may
  determine. Such decisions shall be carried out
  by the Members of the United Nations directly and
  through their action in the appropriate
  international agencies of which they are members.
  

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RESOLUTION 1267 PARAGRAPH 4

• Traveling ban - aircraft used by Taliban and Al
  Qaida prohibited to take off or land unless
  authorised by Committee
• Freezing of Taliban/ Al Qaida funds

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PARAGRAPH 5

• Established Committee (Counter Terrorism) of the
  Security Council to
• Collect information with regard to paragraph 4
• Decide on appropriate measures to take
• Make reports to Security Council on impact of
  measures, including humanitarian implications.
• Identify where possible persons or entities
  reported to be engaged in violation of paragraph
  4.

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PARAGRAPH 8

• Bring proceedings against persons and entities
  within jurisdiction that violates measures in
  paragraph 4
• Members must supply information on steps taken as
  required by the Committee

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SOUTH AFRICAENACTED INTERNATIONAL AND REGIONAL
OBLIGATIONS

• Protection of Constitutional Democracy against
  Terrorist and Related Activities Act, 2004
  enacted into law all Conventions, Protocols and
  obligations pertaining to terrorist activities.

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LISTING BY COUNTER TERRORISM COMMITTEE OF THE
UNITED NATIONS SECURITY COUNCIL (section
25)NOTIFICATION BY PRESIDENT BY PROCLAMATION IN
GAZETTE
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PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST
TERRORIST AND RELATED ACTIVIES ACT 2004 (ACT NO.
33 OF 2004)25 Notification by President in
respect of entities identified by United Nations
Security Council The President must, by
Proclamation in the Gazette , and other
appropriate means of publication, give notice
that the Security Council of the United Nations,
under Chapter VII of the Charter of the United
Nations, has identified a specific entity as
being-
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PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST
TERRORIST AND RELATED ACTIVIES ACT 2004 (ACT NO.
33 OF 2004)

• (a) an entity who commits, or attempts to commit,
  any terrorist and related activity or
  participates in or facilitates the commission of
  any terrorist and related activity or (b) an
  entity against whom Member States of the United
  Nations must take the actions specified in
  Resolutions of the said Security Council, in
  order to combat or prevent terrorist and related
  activities.

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LISTINGS

• The whole consolidated list of the UN was
  published on 20 May 2005, and 29 May 2006.
• The Proclamations now being considered by the
  Committee are the full list published 29 May 2006
  plus further deletions, insertions or amendments
  to consolidated list.
• Full list not published again, as it is readily
  available for financial and other institutions on
  Internet, as published in the respective
  amendment notes.

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FOR INFORMATION

• Financial intelligence centre
• Banks and other financial institutions
• State Departments
• Home Affairs
• Undesireable/prohibited persons

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IMPLEMENTATION, COMPLIANCE AND MONITORING

• Interdepartmental Counter-Terrorism Working Group
  Chaired by Foreign Affairs.
• All relevant Departments and Financial
  Intelligence Centre and Reserve Bank represented.

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PARLIAMENTARY SUPERVISION

• Proclamations tabled for Parliaments
• consideration
• decision
• steps
• (section 26)

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LATEST DEVELOPMENTS

• Committee has reviewed its own procedures
• Proper guideline developed for listing.
• Delisting process put in place.
• Nodal point established. Individual can apply
  directly or through Government to be de-listed.

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LEGAL CONSEQUENCES OF LISTING

• Section 4 Act 33 of 2004 PROHIBITS IRO
• Property That any person acquires, collects,
  uses, possesses, owns, provides or makes
  available, invites a person to provide or make
  available
• Financial service or other service, Economic
  support provides or makes available, or invites
  a person to provide or make available
• OR
• facilitates the acquisition, collection, use or
  provision of property, or the provision of any
  financial or other service, or the provision of
  economic support
• IF

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Section 4 Act 33 of 2004

• Intending property, financial or other service or
  economic support or while such person knows or
  ought reasonably to have known or suspected such
  will be used, directly or indirectly, in whole or
  in part
• for the benefit of a specific entity identified
  in a notice issued by the President under section
  25

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Section 23

• National Director of Public Prosecution may make
  ex parte application to a Judge in Chambers to
  freeze property or prohibiting any person from
  engaging in any conduct, or obliging any person
  to cease any conduct, concerning property in
  respect of which there are reasonable grounds to
  believe that the property is owned or controlled
  by or on behalf of, or at the direction of a
  specific entity identified in a notice issued by
  the President under section 25

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Thank you

• Major General PC Jacobs
• South African Police Service
• Legal Services