BRIEFING TO PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY 29 AUGUST 2007 REFERRED INSTRUMENTS MEMORANDA OF UNDERSTANDING: GRENADA, ST LUCIA AND BARBADOS

ONE GEOGRAPHICAL SPACE Cricket World Cup 2007 Challenge NINE HOST NATIONS ONE GEOGRAPHICAL SPACE

Joint Task Force 3 Mar

CONSTITUTIONAL REQUIREMENTS Section 231(3) of the Constitution of the Republic of South Africa, 1996, provides that an international agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, entered into by the national executive, binds the Republic without the approval of the National Assembly and the National Council of Provinces, but must be tabled in the Assembly and the Council within a reasonable time.

BACKGROUND The policing of international events is increasingly and of necessity becoming an issue of international interest and participation. Within the Interpol context, countries assist each other wherever possible in various ways in this regard. South Africa will lean in this regard heavily on the assistance of the police in SADC and other international partners with the policing and security of the 2010 World Soccer Cup, hosted in South Africa.

BACKGROUND The National Commissioner during the Workshop of the Portfolio Committee early 2007, informed the Committee of South African Police Service’s planned assistance in the West-Indies as a “dry run” for 2010. Coordination in West Indies was done by CARICOM and in exchange for the SAPS expertise we gained much in respect of the expertise and participation with CARICOM of the event. The police cooperation and coordination in Southern Africa with a view to 2010 has progressed far. South Africans participated in the series and the protection provided in these countries was also of benefit to our own citizens and spectators present in the West Indies during the series.

THE CONTENTS OF THE MoU’s The MoU’s were negotiated from a generic template, but were negotiated through CARICOM individually with each country and there are therefore minor differences to cater for different laws in the respective countries. The MoU’s regulated the stay in, deployment of and access of our members. The MoU’s furthermore provided for the possession of and temporary import and export of firearms and other regulated equipment. As reflected in the MoU’s our members enjoyed the necessary immunities in respect of the exercise of their duties in the West Indies.

MAIN REASON FOR DEPLOYMENT To provide capacity in respect of emergency operational deployment for counter-terrorist actions. Provide for specialist capacity to respond to terrorist or criminal actions- first response, crime scene management and investigation. Provide capacity for public order policing actions. Provide capacity in respect of hostage negotiation. Members taken were cross-trained to act in different capacity which multiplied their capacity to make a meaningful difference.

SUNSET LEGISLATION Grenada, Saint Lucia and Barbados adopted sunset legislation which provided the required immunities to our members in respect of performing their duties. Members were in terms of the legislation and the MoU’s immune from prosecution in respect of all actions taken in the course of their official duties. Members were authorised in terms of the MoU’s to be in possession of and carry their firearms whilst on duty in the mission area.

FINANCIAL OBLIGATIONS The host countries provided accommodation, food and transport at their cost in and between the mission areas. The SAPS was responsible for deploying members from South Africa to the point of first departure and their return to South Africa. Airport taxes, landing, parking and departure fees were waved by the host Countries. The host countries were responsible for medical care of our members. Number of members deployed 77 Period deployed 8 April 2007 to 29 April 2007 Areas of deployment : Grenada (10 -21 April 2007, Saint Lucia (25 April) and Barbados (25 -29 April 2007)

OPERATIONAL INVOLVEMENT Clearing of stadiums, etc by bomb squad. Physical protection duties. Training and capacitating of local police services. Standby duties. Clearing and inspection of hotel ships and checking for explosive devices by divers.

RECOMMENDATION That Committee note the memorandums of understanding. Thank You Asst. Comm. PC Jacobs Legal Support: Crime Operations