PRESENTATION BY THE DEPARTMENT OF MINERALS

AND ENERGY ON THE ACCESSION TO THE

CONVENTION ON THE PHYSICAL PROTECTION OF

NUCLEAR MATERIAL (CPPNM) BY SOUTH AFRICA

TO NATIONAL COUNCIL OF PROVINCES

Presentation Outline

• Introduction • Objectives of CPPNM• Mandate of the DME • Status of the RSA CPPNM• Need for Accession by South Africa• Recommendations• Amendments to the Convention• Conclusion

Introduction• CPPNM entered into force in 1987. It is the

nuclear security convention that obliges State Parties to implement specific protection measures for nuclear material

• It is regarded as the major Nuclear Security Convention and the only internationally legally binding undertaking in the area of security of nuclear material

• The State Parties to the CPPNM are obliged to ensure protection at all levels specified in the convention, of nuclear material used for peaceful purposes on their territories, ships or aircraft during domestic use, storage and transport (international nuclear transport)

Objectives of the CPPNM

• To avert potential dangers of unlawful taking and use of nuclear material

• To ensure protection levels as per convention rules on nuclear material in contracting party territories, ships or during international nuclear transport

• To establish measures related to the prevention, detection and punishment of offences relating to nuclear material

Mandate of the DME: Legislation

• Legislation in terms of Convention:

• Nuclear Energy Act (Act no.46 of 1999)

• Sections 34 & 56 of Nuclear Energy Act (NEA) (Act no. 46 of 1999) : Prohibitions, offences and penalties

Mandate of the DME: Legislation• The Nuclear Energy Act has been amended

to cater for the requirements of the convention

• Section 56 (1)(h) A person is guilty of an offence upon

performing any act prohibited under section 34A

• Section 34A Prohibitions relating to nuclear material

• Section 56 (2) (d): A person is liable, on conviction of any of the above offences and is liable to a fine or imprisonment for a period of up to life imprisonment

Mandate of the DME: Legislation• Section 34A (2)

• No person may

a.Intentionally and without lawful authority, receive, possess, use, transfer, alter, dispose of or disperse, nuclear material which causes or is likely to cause death or serious bodily injury to any person or substantial damage to property

b.Intentionally obtain nuclear material by means of theft or robbery

c.Intentionally obtain nuclear material by means of embezzlement or fraud

d.Intentionally demand nuclear material by threat or use of force, or by any form of intimidation

Mandate of the DME: Legislation

e. Intentionally threaten to use nuclear material to cause death or

serious injury to any person or substantial damage to property

commit an act described in paragraph (b) above in order to compel a natural or legal person, international organisation or State to do or refrain from doing any act

f. Use any nuclear material or device or use or damage a nuclear installation or nuclear plant in a manner which release or risk the release of radio-active material, with the intent to cause death or serious bodily injury cause substantial damage to property or

the environment or to compel a natural or juristic person, an

international organisation or a State to do, to abstain or refrain from doing an act, or

Mandate of the DME: Legislation

g. Attempt, conspire with any other person, or aid, abet, induce, incite, instigate, instruct or command, counsel or procure, another person, to commit an offence referred to in paragraphs (a) to (f)

Status of the RSA CPPNM

• South Africa signed the convention on the 13 September 1988. It was not ratified.

• Cabinet has approved the accession of the convention

• In terms of section 231 of the constitution of the Republic, Parliamentary approval is required

• Department of Minerals and Energy (DME) will be responsible for the implementation of the convention requirements

Need for Accession by South Africa

• RSA needs to show commitment to multilateral Agreements

• Convention is considered to be one of the thirteen counter terrorism conventions. State parties are obliged to ratify all the thirteen conventions in terms of the UN Security Council Resolution 1317. This is last one to be ratified. The other 12 have been approved by parliament

• Recent announcement of further expansion of the SA nuclear program

Recommendation

• It is recommended that Parliament approves the accession of South Africa to the Convention on Physical Protection of Nuclear Material

• That NCOP be informed that the Convention has been amended and that the amended Convention will be brought before NCOP as soon as approved by Cabinet

• Some of the implications emanating from the amended Convention follow

Amendments to the Convention

• The original Convention was amended in July 2005 There are 7 Contracting States to the Amended Convention as of 06 February 2007

• For the State Party to ratify to the Amended Convention it must be party to the original Convention

• Consultations ongoing on the amended convention

Amendments continued…

• The Amended Convention increase the scope of the original Convention and has much stronger counterterrorism focus

• Makes it legally binding for the States Parties to Protect nuclear facilities and materials in peaceful domestic use, storage as well as transport

• Transfer of Nuclear Technology meant to Strengthen the physical protection of nuclear material and facilities

Conclusion

• The Ratification of the Convention on Physical Protection of Nuclear Material will not have an added burden on South Africa

• It is an incentive to the maintenance and improvement of Nuclear Security measures

• South Africa is already implementing most of the obligations in the Convention

Siyabonga!