BRIEFING TO PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY 27 August 2008 Referred Instruments Arrangement between the Minister for Safety and Security of the Republic of South Africa and the Minister of the Interior and Kingdom Relations of the Kingdom of the Netherlands on Bilateral Police Cooperation

BACKGROUND Following previous discussions between the Minister for Safety and Security and his counterpart of the Netherlands, the Netherlands’ authorities expressed the wish to have an Arrangement on Police Cooperation signed during a visit on 6 February 2008, in Cape Town. Following previous discussions between the Minister for Safety and Security and his counterpart of the Netherlands, the Netherlands’ authorities expressed the wish to have an Arrangement on Police Cooperation signed during a visit on 6 February 2008, in Cape Town. In accordance with a request from the Netherlands’ authorities, the instrument was drafted in the form of an “Arrangement” which expresses the intent to cooperate, without being binding in terms of international law. In accordance with a request from the Netherlands’ authorities, the instrument was drafted in the form of an “Arrangement” which expresses the intent to cooperate, without being binding in terms of international law. The State Law Advisers of both the Departments of Justice and Constitutional Development and Foreign Affairs advised that the Arrangement did not fall under section 231 of the Constitution, 1996 and therefore did not require a President’s Minute authorizing the signing thereof, or tabling in Parliament. The State Law Advisers of both the Departments of Justice and Constitutional Development and Foreign Affairs advised that the Arrangement did not fall under section 231 of the Constitution, 1996 and therefore did not require a President’s Minute authorizing the signing thereof, or tabling in Parliament. The Arrangement was never the less tabled in order to inform Parliament of this initiative. The Arrangement was never the less tabled in order to inform Parliament of this initiative.

CONTENTS OF THE MoU The Arrangement promotes bilateral non-operational cooperation in the fields of law enforcement, crime prevention, public order and public safety, and improving the quality of policing. The Arrangement promotes bilateral non-operational cooperation in the fields of law enforcement, crime prevention, public order and public safety, and improving the quality of policing. Bilateral cooperation may take place by means of the exchange of non-operational information, expertise or personnel. Bilateral cooperation may take place by means of the exchange of non-operational information, expertise or personnel. Areas of cooperation include, but will not be limited to- Areas of cooperation include, but will not be limited to- Improving the quality of policing by exchanging programmes relating to detective and middle management training, and to assure high standards of integrity within the police force/service; Improving the quality of policing by exchanging programmes relating to detective and middle management training, and to assure high standards of integrity within the police force/service; The prevention and oppression of domestic violence; The prevention and oppression of domestic violence; The relations between the police and public, including community policing; The relations between the police and public, including community policing; Crime prevention and reduction at local level; Crime prevention and reduction at local level; Safety and security at major events, including the 2010 Soccer World Cup; and Safety and security at major events, including the 2010 Soccer World Cup; and Organised crime, corruption and border control. Organised crime, corruption and border control.

MANNER OF COOPERATION Specific cooperation programmes are to be agreed upon within 6 months of the signing of the Arrangement. Specific cooperation programmes are to be agreed upon within 6 months of the signing of the Arrangement. Key areas of cooperation, which include so- called twinning of police stations in South Africa (Katlehong, Guguletu and Paarl) and police stations in the Netherlands (Regio Midden, West Brabant, Flevoland and Gronengen) have already been agreed upon. Implementation of cooperation activities commences on 1 September Key areas of cooperation, which include so- called twinning of police stations in South Africa (Katlehong, Guguletu and Paarl) and police stations in the Netherlands (Regio Midden, West Brabant, Flevoland and Gronengen) have already been agreed upon. Implementation of cooperation activities commences on 1 September 2008.

MANNER OF COOPERATION Continue … The competent authorities responsible for the implementation are – The competent authorities responsible for the implementation are – On the part of South Africa, the Department of Safety and Security; and On the part of South Africa, the Department of Safety and Security; and On the part of the Netherlands, the Ministry of Interior and Kingdom Relations. On the part of the Netherlands, the Ministry of Interior and Kingdom Relations. Each participant will bear its own costs associated with its participation in this Arrangement, unless decided otherwise. Each participant will bear its own costs associated with its participation in this Arrangement, unless decided otherwise.

ENTRY INTO FORCE, DURATION AND TERMINATION The Arrangement came into operation on the date of signature, namely 6 February The Arrangement came into operation on the date of signature, namely 6 February The Arrangement was concluded for a period of 3 years. The Arrangement was concluded for a period of 3 years. The Arrangement may be terminated by either Participant giving 6 months written notice to that effect. The Arrangement may be terminated by either Participant giving 6 months written notice to that effect.

CONSTITUTIONAL REQUIREMENTS The Arrangement does not constitute an agreement in terms of the Constitution, The Arrangement does not constitute an agreement in terms of the Constitution, No decision is therefore required from Parliament. No decision is therefore required from Parliament. It is recommended that the Committee notes the Arrangement. It is recommended that the Committee notes the Arrangement.

THANK YOU Assistant Commissioner PC Jacobs Assistant Commissioner PC Jacobs Legal Support: Crime Operations Legal Support: Crime Operations