PRIORITY CRIMES LITIGATION UNIT (PCLU)

1. PRIORITY CRIMES LITIGATION UNIT(PCLU) 2007-2008 REPORT TO JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE 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 • Finalisation of case; • Assisted with mutual legal assistance received from Germany and Switzerland; • Assisted with confiscatory order in respect of proceeds of crime; • Assisted the Ambassador of the Non-Proliferation Council of S.A.; • Formulated a report to the IAEA; • Macadam represented S.A. at the UN Nuclear Terrorism Workshop in Vienna

5. Performance Continued … • S v Marisa Sketo • Relates to import and export of nuclear dual use goods; • Case postponed to April 2008 • A number of cases are still being investigated • Identified flaws in the legislation for rectification • 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 • DFA Counter Terrorism Group The unit participated in meetings of Multidisciplinary Governmental Task Team which is responsible for ensuring compliance with the UN resolutions relating to terrorism • 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

7. 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.

8. 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 Mamelodi; Lethabong Village, North West; Mmabatho; Mafikeng, North West; Zeerust, North West; Thohoyandou, Lompopo; and • 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

9. 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.

10. 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.