Date: 23/02/2004
Source: Department of Justice and Constitutional Development
Title: V Pikoli: Ratification of UN convention against crime
PRESS STATEMENT BY THE DIRECTOR-GENERAL OF THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT, ADV VUSI PIKOLI, ON THE RATIFICATION OF THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANISED CRIME AND ITS SUPPLEMENTARY PROTOCOLS, 26 February 2004
The United Nations Convention against Transnational Organised Crime was opened for signature at a high-level conference in Palermo, Italy in December 2000. South Africa signed the Convention and its supplementary Protocols, that is, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime on 14 December 2000. The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime was signed on 14 October 2002.
On 20 February the South African Mission to the United Nations (UN) in New York deposited the instruments of ratification in respect of the Convention and all three supplementary Protocols with the Treaty section of the UN at its headquarters in New York.
The Convention is the first legally binding UN instrument in the field of crime. It entered into force on 29 September 2003. States, which ratify the instrument, are committed to take measures against transnational organised crime. These include, amongst others, the creation of domestic criminal offences to combat the problem. The major purpose of the Convention is international co-operation to prevent and combat transnational organised crime more effectively.
The Department of Justice and Constitutional Development is the lead department responsible for ratifying the said instruments. An Inter-departmental Committee comprising, amongst others, the Departments of Foreign Affairs, Correctional Services and Home Affairs, the South African Maritime Safety Authority (SAMSA) and the South African Police Service was established by the Minister to facilitate the ratification of the signed instruments and the streamlining of legislation in relation to the said instruments.
Compliance with the Ratified Instruments
South Africa must ensure that its domestic legislation is in line with the obligations set out under the ratified instruments.
South Africa is compliant with the Convention as far as the legislative requirements for criminalisation of offences contained therein, that is, participation in organised criminal groups (article 5), money laundering (article 6), corruption (article 8) and obstruction of justice (article 23).
Some of the following pieces of legislation take care of the obligations incurred under the Convention: The Prevention of Organised Crime Act, 1998 (Act 121 of 1998), the Corruption Act, 1992 (Act 94 of 1992), Public Finance Management Act, 1999 (Act 1 of 1999), the Public Protector Act, 1994 (Act 23 of 1994) and the Financial Intelligence Centre Act, 2001 (Act 38 of 2001).
South Africa is also compliant with the Firearms Protocol, which requires a State Party to criminalise the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. The Firearms Control Act, 2000 (Act 60 of 2000) and the National Conventional Arms Control Act, 2002 (Act 41 of 2002) are in line with the obligations set out under the Firearms Protocol.
In respect of the Smuggling of Migrants Protocol and the Trafficking in Persons Protocol there is currently no legislation criminalising the smuggling of migrants as defined in the Protocol (article 3) nor legislation criminalising trafficking in persons as required in terms of article 5 of the Trafficking Protocol. Legislation will have to be developed in line with the obligations set out under the Smuggling of Migrants and Trafficking in Persons Protocols.
With respect to trafficking in persons, there are a few processes underway which aim to deal with trafficking in persons. The South African Law Reform Commission (SALRC) is currently investigating trafficking in persons for the purposes of law reform. It published an Issue Paper on Trafficking in Persons on 23 January 2004. It is hoped that the Commission's final report with proposed draft legislation will be finalised by the end of 2005. The National Prosecuting Authority is also looking into interim legislation whilst the SALRC finalises their investigation.
South Africa's ratification of the organized crime instruments signals the country's intention to deal with organized crime in a severe manner.
Enquiries: Kaizer Kganyago
Tel: (012) 315 1807
Cell: 082 466 3053
Issued by: Department of Justice and Constitutional Development
26 February 2004
Source: Department of Justice and Constitutional Development
Title: V Pikoli: Ratification of UN convention against crime
PRESS STATEMENT BY THE DIRECTOR-GENERAL OF THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT, ADV VUSI PIKOLI, ON THE RATIFICATION OF THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANISED CRIME AND ITS SUPPLEMENTARY PROTOCOLS, 26 February 2004
The United Nations Convention against Transnational Organised Crime was opened for signature at a high-level conference in Palermo, Italy in December 2000. South Africa signed the Convention and its supplementary Protocols, that is, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime on 14 December 2000. The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime was signed on 14 October 2002.
On 20 February the South African Mission to the United Nations (UN) in New York deposited the instruments of ratification in respect of the Convention and all three supplementary Protocols with the Treaty section of the UN at its headquarters in New York.
The Convention is the first legally binding UN instrument in the field of crime. It entered into force on 29 September 2003. States, which ratify the instrument, are committed to take measures against transnational organised crime. These include, amongst others, the creation of domestic criminal offences to combat the problem. The major purpose of the Convention is international co-operation to prevent and combat transnational organised crime more effectively.
The Department of Justice and Constitutional Development is the lead department responsible for ratifying the said instruments. An Inter-departmental Committee comprising, amongst others, the Departments of Foreign Affairs, Correctional Services and Home Affairs, the South African Maritime Safety Authority (SAMSA) and the South African Police Service was established by the Minister to facilitate the ratification of the signed instruments and the streamlining of legislation in relation to the said instruments.
Compliance with the Ratified Instruments
South Africa must ensure that its domestic legislation is in line with the obligations set out under the ratified instruments.
South Africa is compliant with the Convention as far as the legislative requirements for criminalisation of offences contained therein, that is, participation in organised criminal groups (article 5), money laundering (article 6), corruption (article 8) and obstruction of justice (article 23).
Some of the following pieces of legislation take care of the obligations incurred under the Convention: The Prevention of Organised Crime Act, 1998 (Act 121 of 1998), the Corruption Act, 1992 (Act 94 of 1992), Public Finance Management Act, 1999 (Act 1 of 1999), the Public Protector Act, 1994 (Act 23 of 1994) and the Financial Intelligence Centre Act, 2001 (Act 38 of 2001).
South Africa is also compliant with the Firearms Protocol, which requires a State Party to criminalise the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition. The Firearms Control Act, 2000 (Act 60 of 2000) and the National Conventional Arms Control Act, 2002 (Act 41 of 2002) are in line with the obligations set out under the Firearms Protocol.
In respect of the Smuggling of Migrants Protocol and the Trafficking in Persons Protocol there is currently no legislation criminalising the smuggling of migrants as defined in the Protocol (article 3) nor legislation criminalising trafficking in persons as required in terms of article 5 of the Trafficking Protocol. Legislation will have to be developed in line with the obligations set out under the Smuggling of Migrants and Trafficking in Persons Protocols.
With respect to trafficking in persons, there are a few processes underway which aim to deal with trafficking in persons. The South African Law Reform Commission (SALRC) is currently investigating trafficking in persons for the purposes of law reform. It published an Issue Paper on Trafficking in Persons on 23 January 2004. It is hoped that the Commission's final report with proposed draft legislation will be finalised by the end of 2005. The National Prosecuting Authority is also looking into interim legislation whilst the SALRC finalises their investigation.
South Africa's ratification of the organized crime instruments signals the country's intention to deal with organized crime in a severe manner.
Enquiries: Kaizer Kganyago
Tel: (012) 315 1807
Cell: 082 466 3053
Issued by: Department of Justice and Constitutional Development
26 February 2004
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