Chairperson, I am going to attempt to summarise the summary of this summary - Proclamations by the President in terms of section 25 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, Act 33 of 2004.
The September 11 bombing of the United States led to increasingly stringent sanctions. The United Nations Security Council Resolution 1267 of 1999 established the 1267 committee that is responsible for updating a list of known terror entities. Their focus is on the Taliban and entities associated with the Taliban and AlQaeda and entities associated with AlQaeda.
Member states are responsible for freezing the funds and property of listed entities, to enforce an arms embargo against them, and to prohibit travel by members of these entities.
Names of persons suspected of financing, training, supporting or supplying arms for acts of terrorism and related activities were placed on a consolidated list. This list is compiled by consensus of the United Nations Security Council members, and a notification is published on the Internet.
As head of a member state, the President of South Africa must, by proclamation in the Government Gazette, give notice of listed entities and persons.
Chapter 7 of the United Nations Security Council under Article 39 notes that:
The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
The Protection of Constitutional Democracy against Terrorist and Related Activities Act, Act 33 of 2004, enacted into law conventions, protocols and obligations pertaining to terrorist activities. South Africa, as a member of the United Nations, is required to enforce the provisions of the Act.
The National Director of Public Prosecutions may make an ex parte application to a judge in chambers to freeze property or prohibit any person from engaging in any conduct, or obliging any person to cease any conduct concerning property in respect of which there are reasonable grounds to believe that the property is owned or controlled by or on behalf of or at the direction of a specific entity identified in a notice issued by the President under section 25.
In terms of recourse for listed persons, South Africa has put in place a delisting procedure for the person or entity identified by the United Nations Security Council, and has established a nodal point for individuals to apply directly or through government to be delisted. The Select Committee on Security and Constitutional Development supports the proclamations and recommendations approved by the House.
Guidelines that are requirements are practical guidelines for employees submitted in terms of section 10 (4)(a) of the Protected Disclosures Act, Act 26 of 2000.
Section 10 (4)(a) of the Protected Disclosures Act, Act 26 of 2000, requires the Minister of Justice and Constitutional Development to issue a practical guide to assist employees to understand the provisions of the Act.
The following provisions of section 10 relate to the guide. Section 10(4)(a) requires that an explanation be provided for the provisions of the Act and of those other procedures which are available to report or otherwise remedy improprieties. Approval by Parliament of the guidelines before publication thereof in the Gazette is required in terms of section 10(4)(b). Section 10(4)(c) requires all organs of state to give to every employee a copy of the guidelines or to take reasonable steps to bring the relevant guidelines to the attention of every employee.
I will now give a brief overview of the practical guidelines for employees. Part 1 of the guide details the purpose of the Protected Disclosure Act, Act 26 of 2000 to the employees, which provides procedures and offers protection. I won't get into the details of this.
In terms of routes for employees to follow when submitting a protected disclosure, there are five routes that they may follow. They may disclose information to a legal representative, his or her employer, a Minister or a member of the executive council of a province, and a specified person or body or any other person under certain circumstances.
If an employee is victimised as a result of making a disclosure, the employee may approach any court having jurisdiction for protection. Part 2 of the guide details other procedures to report or remedy an impropriety.
Lastly, Part 3 of the guide contains contact details of various agencies where disclosures may be made. The department noted that after the National Assembly had adopted the guide, the department had effected changes to Part 3 by means of updated telephone numbers for the various entities. The guide has been attached to Part 4, the Protected Disclosures Act, Act 26 of 2000.
In conclusion, the Select Committee on Security and Constitutional Development, having received a briefing on the practical guidelines for employees and having concluded its deliberations on the practical guidelines for employees, as submitted in terms of section 10 (4)(a) of the Protected Disclosures Act, Act 26 of 2000, recommends that the NCOP approves said guidelines. Thank you. [Applause.]
Debate concluded.
Question put: That the Report on Proclamations made in terms of section 25 of Protection of Constitutional Democracy against Terrorist and Related Activities Act be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on on Proclamations made in terms of section 25 of Protection of Constitutional Democracy against Terrorist and Related Activities Act accordingly adopted in accordance with section 65 of the Constitution.
Question put: That the Report on Practical Guidelines for Employees, submitted in terms of section 10(4) (a) of Protected Disclosures Act be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Practical Guidelines for Employees, submitted in terms of section 10(4) (a) of Protected Disclosures Act accordingly adopted in accordance with section 65 of the Constitution.
The Council Adjourned at 17:52.