PRIORITY CRIMES LITIGATION UNIT (PCLU)

1. PRIORITY CRIMES LITIGATION UNIT(PCLU) 2007-2008 REPORT TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ADV ANTON ACKERMANN SC HEAD: PCLU

2. MANDATE • Created by Presidential Proclamation on 23 March 2003 • The PCLU is a small specialist prosecution unit located within the NPS • Manages and directs investigations and prosecutions of crimes following within its mandate to wit: • Proliferation of nuclear and other weapons of mass destruction; • Proliferation of conventional (military) arms; • All forms of terrorism; • Mercenary and foreign military assistance activities; • Statute of Rome (International Criminal Court); • Intelligence related activities; • Prosecutions arising from the TRC SUPPLEMENTARY MANDATE • Missing Persons’ Project; • Monitoring selected civil claims; • Assist NPS with mutual legal assistance and extradition; • Conduct legal research and furnish legal opinions.

3. STRATEGIC DIRECTION OF THE PRIORITY CRIMES LITIGATION UNIT The deliverable strategic objectives of the PCLU are aligned with those of the NPS: • Effectively and efficiently managing and directing all investigations and prosecutions within its mandate; • Contributing to a reduction in crime; • Establishing and maintaining a working relationship with all its stakeholders; • Maintaining a properly equipped unit, both professionally and administratively.

4. PERFORMANCE The setting of traditional targets is not feasible in the light of the unique nature of the crimes mandated to the unit NUCLEAR NON-PROLIFERATION • S v Geiges, Wisser & Krisch Engineering Co (Pty) Ltd • Successful prosecution of company directors supplying nuclear weapons technology to Libya and Pakistan as part of the AQ Khan International Nuclear Weapons Procurement Network; • The network’s activities took place in 40 countries. South Africa was the only country to obtain convictions; • South Africa commended by the International Atomic Energy Agency and member States; • Assistance provided to foreign States with their investigations into their own nationals; • Final confiscatory orders obtained to the value of millions of rands; • 250 tons of nuclear weapons material confiscated.

5. Performance Continued … • S v Marisa Sketo • The accused is a US citizen resident in Cape Town; • She has been charged with importing and exporting nuclear weapons related dual use items; • A trial date has yet to be fixed. • Other matters under investigation in consultation with the nuclear control bodies • Partnership being negotiated with SARS and Non-Proliferation Council aimed at improving law enforcement activities relating to such matters FOREIGN MILITARY ASSISTANCE • S v Archer (Plot to overthrow the Government of Equatorial Guinea) • The State noted an appeal against the acquittal; • Matter enrolled for June 2008.

6. Performance Continued … TERRORISM • Assistance to foreign country Request for mutual legal assistance executed in respect of a sensitive matter relating to Al Quaeda attacks in a foreign State • DFA Counter Terrorism Group The unit participates in meetings of Multidisciplinary Governmental Task Team set up by the Department of Foreign Affairs, which is responsible for ensuring compliance with the UN resolutions relating to terrorism

7. Performance Continued … CONVENTIONAL ARMS CONTROL Two matters currently under investigation relating to the transfer of military equipment without the prerequisite conveyance permits and to the export of an armoured vehicle to a country of armed conflict OTHER MATTERS • The unit played a leading role in drafting the NPA’s inputs into the Financial Action Task Force’s questionnaire relating to money laundering and funding of terrorist activities • The unit is assisting private counsel with the defence of a high profile action for malicious prosecution and has furnished legal opinions in other matters involving civil litigation with the NPA

8. Performance Continued … • TRC PROSECUTIONS Only partial success was achieved due to intervening factors beyond the control of the unit. • S v Vlok & 4 Others • Accused were convicted after a protracted plea bargaining process; • 16 Cases have been identified for investigation and possible prosecution

9. Performance Continued … • MISSING PERSONS’ PROJECT Discharging Presidential direction to give effect to request by the TRC that the whereabouts of 477 missing persons be investigated. • Investigates cases of persons who disappeared as reported by TRC with the aim of locating, exhuming and returning the remains to the families; • Engages with other State departments, Provincial and Local Government and Non-Governmental organizations as well as the families themselves; • Aligned to the Ministry’s TRC unit; • Develops forensic and DNA skills; • Contributes to Government’s restoration of dignity programmes.

10. Missing Persons’ Project Continued … • Investigations • Durban: potential grave sites of up to 23 MK members located – Urgent action required in 2008 due to grave site recycling • Excavations & Exhumations • Remains of up to 19 individuals recovered from various provinces • Post Chalmers farm, Cradock, Eastern Cape Burnt bone fragments of several individuals recovered from soil and septic tanks, presently undergoing forensic tests to ascertain whether they are those of Pebco 3, Siphiwo Mthimkulu and Topsy Madaka • Handover of remains and reburials 9 Remains were handed over to families for reburial at special ceremonies at Freedom Park and Cape Town

11. KEY ASPECTS OF STRATEGIC PLAN Due to new legislation relating to the mandate: • Comprehensive MOU’s will have to be negotiated with all key stakeholders; and • New policies will have to be implemented KEY CHALLENGE • To obtain cooperation from all stakeholders in order to ensure successful prosecutions LESSONS LEARNT In order to effectively prosecute cases falling within the mandate of the unit, provision has to be made for: • Costs of gathering evidence abroad; • Forensic auditing of evidence; and • Legal and constitutional challenges to the process Provision has to be made for the above in the budget.

12. BUDGET / CONCLUSION BUDGET Unit has operated within budgetary constraints: • Allocated budget: R7 790 488 • Compensation of Employees: R4 922 239 • Goods & Services: R2 835 243 • Primary emphasis of the budget is funding the unit’s operations; • Majority of funds were incurred in respect of S v Geiges, Wisser & Krisch Engineering Co (Pty) Ltd, i.e. • Consultations overseas by prosecutors with foreign witnesses; • Costs of bringing foreign experts to South Africa; • Legal fees of private counsel to argue constitutional matters; • Costs of preparing 20 000 documentary exhibits for court. CONCLUSION Despite difficulties, the PCLU continues to function and give proper attention to cases falling within its mandate.