STATEMENT
We must not be soft on companies that fail to comply with arms control laws
National Conventional Arms Control Committee (NCACC) chairperson, Jeff Radebe, must explain why so few companies have been convicted for failing to comply with the law regulating conventional arms sales in South Africa.
Replying to a parliamentary question, the Minister revealed that of the 48 cases handed to the South African Police Service (SAPS) since 2009, only two cases resulted in convictions, which took the form of plea bargain agreements, where fines in the amount of R160 000 were imposed.
|
Description |
2009 |
2010 |
2011 |
2012 |
2013 |
Total |
|
No. of cases handed to the SAPS |
3 |
2 |
15 |
22 |
6 |
48 |
|
No. of cases resulted in a conviction |
1 |
1 |
0 |
0 |
0 |
2 |
|
No. of cases NPA decline to prosecute |
1 |
0 |
7 |
8 |
0 |
16 |
|
No. of cases under investigation by SAPS |
1 |
0 |
8 |
14 |
6 |
29 |
|
No. of cases awaiting a decision from the NPA |
0 |
1 |
0 |
0 |
0 |
1 |
Source: Reply to Parliamentary Question No. 2307 dated 30 September 2013
Of the remaining 46 cases referred to the SAPS, the National Prosecuting Authority (NPA) declined to prosecute 16 cases, the SAPS are still investigating 29 cases, and one case is awaiting a decision from the NPA.
However, "Administrative Warnings" were issued to eight defaulting companies which include state-run Armscor and Denel.
The preamble to the legislation regulating conventional arms sales states that we "are a responsible member of the international community and will not trade in conventional arms with states engaged in repression, aggression or terrorism".
We cannot therefore afford to be soft on companies that fail to comply with the law regulating conventional arms sales in South Africa.
We should welcome the fact that the NCACC have handed 48 cases to the SAPS. However, the fact that only two cases resulted in convictions raised some serious questions.
I will, therefore, be submitting follow-up questions probing why so few companies have been convicted for failing to comply with the law regulating conventional arms sales in South Africa.
Statement issued by David Maynier MP, DA Shadow Minister of Defence & Military Veterans, October 1 2013
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