Chairperson, in my speech, I want to clarify one thing. The extraterritoriality of this Bill suggests that if you are an outsider from a different country, and you have committed those actions that are outlawed in terms of this legislation, we are not necessarily going to try you with this legislation, because it is meant for South Africans. So, the territorial question must also be clarified.
We do not want to assume to be the police of the world. What we want is that, as a country, we also do what the Geneva Convention asked us to do as a country. We also expect other countries to endorse and adopt and ratify this convention. That is the first thing I wanted to say.
I also want to stress that, in our preamble, we say that we as the Republic commit ourselves to this international humanitarian law, and particularly the law on armed conflict. We further recognise the general principle of protection of the civilian population against the effects of hostilities. We further recognise the principle of international law, that the right of the parties in an armed conflict to choose methods or means of warfare is not unlimited. In other words, the Geneva Convention actually places a restriction, through this Article, that certain elements cannot be applied in this regard, even if you are using them in conventional warfare.
For us particularly, this Bill should also add or go a long way in making sure that we reduce the number of victims, since this is the month of women. We need to reduce the number of victims where we see women, because in a conflict you see them carrying babies and so on, roaming about, because they have to run away from the war-torn situations. This convention is then also an attempt to make sure that we cleanse the world of such barbaric acts.
I then also want to just highlight the issues that we are covering when we talk about these restricted weapons. We are talking here of antipersonnel mines, nondetectable fragments, mines, booby-traps and other devices and blind lasers and so on. I want to agree with the comrade who said that one of the things that we have to try to do since the definition of these terms in a material situation tends to be different, is see to it that this doesn't delay us in implementing this legislation. The only thing we have to do is to make sure that the definitions are internationally agreed to.
I then want to read an excerpt from the Truth and Reconciliation Commission's Report. It has to do with the disappearance of one of South Africa's citizens:
In May 1990 De Kock went to see Du Toit to discuss an order he had received to manufacture a parcel bomb which would be posted to Coetzee to kill him. De Kock required assistance and expertise of his branch and he agreed to help. De Kock's visit was to him in his personal capacity, thereafter Bosch visited J F Kok and they came to see Du Toit. He agreed they could continue working on the project. J F Kok began working on a design for the bomb but when he had to leave the office his brother J Kok took over. The bomb they made had explosives inserted into the earphones of a Walkman unit which played audio cassettes. This had been chosen for two reasons, the first being that it would not cause damage or injury to anyone else in the vicinity of the person listening, the second being that cassettes could be chosen which would attract Coetzee's interest. One was his favourite musician Neil Diamond, the other one labelled "Evidence - Hit Squads". After the first device had been completed and tried out successfully a second one was built which, according to J Kok was fetched by Bosch and Bellingan who helped with packing. Both the Kok brothers knew Coetzee was the target.
But listen:
The parcel arrived in Johannesburg and was delivered to Mlangeni on 15 February 1991. He opened the parcel in his office and left the packaging there. He took the Walkman home and when he tried it out it exploded causing fatal massive head injuries.
That was what brought to an end the life of Comrade Bheki Mlangeni.
Therefore, one of the objectives of the Bill is to rid our society of such antipersonnel devices. The convention on warfare is governed through the Geneva Protocol, which cautions us against the use of excessive force against your enemy.
As we look back at the period during which the aforementioned incident took place, it was really an unnecessary force used, bearing in mind the historical and political developments at the time on the eve of the Convention for a Democratic South Africa. Similar mine devices cost us the life of Ruth First in Mozambique and many more. Thus this Bill is in line with the ANC policy to opt for nonviolence, which means that it came as a result of the banning of the ANC in the early eighties.
As we are now part of government, and we are in power, we are also integrating into the international community. We also have to comply with the international community's law by signing, ratifying and passing this Bill into law in compliance with Article 14.
I therefore recommend that the House agrees with the ANC, as it has already indicated, to pass the Bill. Thank you. [Applause.]