07 NPA Sub Programme 1 - Institute for Security Studies

Priority Crimes Litigation Unit (PCLU)Highlights of AchievementProviding assistance to Canada: A delegation of four persons from the Canadian War Crime Unit visitedSouth Africa from 17 January 2011 till the end of January after a formal Mutual Legal Assistance (MLA) requestwas approved. The PCLU hosted them and ensured that the interviews with the witnesses were concluded tosatisfaction of the Canadian Authorities.S v Mechem: A Section 105A Plea Agreement was concluded with Mechem in relation to the export of twomine-protected vehicles which were exported to Croatia, but had not been returned to South Africa withinthe period prescribed in the permit. The accused pleaded guilty to a technical contravention of the NationalConventional Arms Control Act and was sentenced to pay a fine of R25 000 on 29 March 2011 before aRegional Magistrate, Pretoria.Attempted murder of Rwandan General Nyamwasa: The Unit provided assistance in this matterwhere ten foreign persons were arrested for inter alia the attempted murder of and the conspiracy to murderformer Rwandan General Nyamwasa, who has asylum in South Africa. The matter has been adjourned for trialin June 2011.TRC matters: The PCLU furnished specific additional guidance to investigating officers from the Directoratefor Priority Crime Investigations (DPCI) in respect of Pebco 3, Cradock 4, Nokuthula Simelane and HighgateHotel matters.S v André Visagie: The PCLU provided assistance on the Visagie matter, the former secretary-general ofthe AWB, who was the leader of a newly established right-wing extremist organisation, namely, GeloftevolkRepublikeine. A search and seizure was conducted at his residence by SAPS after information was receivedthat he was in the process of committing acts of terrorism and was in possession of unlicensed firearms andammunition.Financial Action Task Force (FATF) Proliferation Project: A member of the PCLU was requestedto formulate the South African position on specific issues raised by FATF, which were required to be debatedby FATF’s Working Group on Terrorism and Money Laundering on 15 April 2011.Providing training to Ugandan Judges and National Intelligence Coordinating Committee(NICOC): The Unit was requested to provide NICOC with legal advice on the country’s counter-terrorismlegislation and relevant international conventions and Security Council resolutions.Research and briefingsA member of the Unit provided the Chairperson of the Proliferation Council with a full briefing on a numberof proliferation issues to enable him to engage with the International Atomic Energy Agency and the GermanGovernment. Similarly the Unit provided a briefing to the APS Legal Division on deficiencies in Protection ofConstitutional Democracy against Terrorist and Related Act (POCDATARA) and was requested to furnish awritten opinion so as to lay the basis for amendments to the Act next year.Missing Persons Task Team (MPTT)Jozini Dam Death Sites, KwaZulu Natal: Responsibility for managing the symbolic repatriation of remainsblown up that cannot be located was handed over to the Truth and Reconciliation Commission (TRC) Unit.• Investigations are underway together with City Parks Department in Johannesburg to trace a number ofpauper graves believed to belong to missing activists including Leon Tume, Sandile Nqobe and others.• Kunyumane Ranyao/Selby Mavuso cases: Reports were prepared and meetings were held with familiesinvolved in the mix-up of remains in these two cases and the incorrect identifications done during TRCexhumations.• MK Valdez: A pauper grave believed to contain the remains of MK commander Valdez (real name Xolile Sam)from Port Elizabeth, who was killed by Vlakplaas Commander Eugene de Kock in Vosloorus in November1988 was identified in Vosloorus cemetery. His family was briefed.28 Annual Report 2010/11