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Department of Defence Annual Report 2008-2009

Department of Defence Annual Report 2008-2009

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| <strong>Department</strong> <strong>of</strong> <strong>Defence</strong> | Vote 19 |<br />

ASSURANCE REPORT OF THE AUDITOR-GENERAL<br />

TO PARLIAMENT ON COMPLIANCE WITH SECTION 4<br />

OF THE NATIONAL CONVENTIONAL ARMS CONTROL<br />

ACT IN TERMS OF SECTION 12 OF THE NATIONAL<br />

CONVENTIONAL ARMS CONTROL ACT OF 2002<br />

for the year ended 31 March <strong>2009</strong> (continued)<br />

• Section 15 <strong>of</strong> the Act requires that the NCACC must review every permit application on its own merits<br />

in line with the case-by-case principle. If the NCACC cannot meet, the chairperson <strong>of</strong> the NCACC and<br />

one member can consider and take decisions on matters on the agenda <strong>of</strong> the NCACC meeting that<br />

did not occur. However, section 6(2)(b) <strong>of</strong> the Act still requires a quorum consisting <strong>of</strong> the chairperson<br />

or deputy chairperson and three other members to be present for all decisions taken on the agenda <strong>of</strong><br />

the NCACC. Thus all matters approved by the chairperson and one member must be ratied during the<br />

next NCACC meeting.<br />

Only two NCACC meetings were held in April <strong>2008</strong> and May <strong>2008</strong>. Furthermore, the operating<br />

procedures <strong>of</strong> the DCAC require that the NCACC must meet on a monthly basis to consider and make<br />

decisions on permit applications.<br />

• Sections 5(4)(a) and (c) <strong>of</strong> the Act deals with the termination <strong>of</strong> membership <strong>of</strong> the NCACC. It states<br />

that a member must vacate <strong>of</strong>ce if that member resigns, is removed or was appointed by the President,<br />

and ceases to be a minister or deputy minister. After the South African national elections held on 22<br />

April <strong>2009</strong>, a new NCACC has not yet been appointed as required at the date <strong>of</strong> this report.<br />

APPRECIATION<br />

8. The assistance rendered by the staff <strong>of</strong> the DCAC during the engagement is sincerely appreciated.<br />

| Financial Performance |<br />

Pretoria<br />

29 July <strong>2009</strong><br />

401 <strong>Annual</strong> <strong>Report</strong> FY <strong>2008</strong> - <strong>2009</strong>

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