BRIEFING TO PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY 27 August 2008 Referred Instruments Memorandum of Understanding between the Government of the Republic of South Africa and the African Union (AU) Contributing Members of the South African Police Service to the AU Electoral and Security Assistance Mission to the Comoros (MAES)

BACKGROUND The Peace and Security Council of the African Union adopted a decision at its 77 th meeting held on 9 May 2007 in Durban to provide electoral and security assistance to the Comoros during its 2007 Presidential elections. The Peace and Security Council of the African Union adopted a decision at its 77 th meeting held on 9 May 2007 in Durban to provide electoral and security assistance to the Comoros during its 2007 Presidential elections. The AU requested South Africa to contribute civilian police personnel to the AU Electoral and Security Assistance Mission to the Comoros (MAES). The AU requested South Africa to contribute civilian police personnel to the AU Electoral and Security Assistance Mission to the Comoros (MAES). Modalities for assistance by the South African Police Service were negotiated and agreed upon in conjunction with the Department of Foreign Affairs. Modalities for assistance by the South African Police Service were negotiated and agreed upon in conjunction with the Department of Foreign Affairs.

CONTENTS OF THE MoU The MoU regulated the stay in, deployment and access to members of the South African Police Service in the Comoros (the mission area). The MoU regulated the stay in, deployment and access to members of the South African Police Service in the Comoros (the mission area). The MoU furthermore provided for possession of and temporary import and export of firearms and other related equipment. The MoU furthermore provided for possession of and temporary import and export of firearms and other related equipment. As reflected in the MoU, South Africa retained exclusive criminal jurisdiction in respect of offences committed by its members in the Comoros. As reflected in the MoU, South Africa retained exclusive criminal jurisdiction in respect of offences committed by its members in the Comoros. The AU assumed responsibility for dealing with any claims by third parties where the loss of or damage to their property, or death or personal injury was caused by a member or members in the performance of services under this MoU. The AU assumed responsibility for dealing with any claims by third parties where the loss of or damage to their property, or death or personal injury was caused by a member or members in the performance of services under this MoU. The Government of the RSA would be liable for claims arising from gross negligence or willful misconduct by members. The Government of the RSA would be liable for claims arising from gross negligence or willful misconduct by members.

REASONS FOR DEPLOYMENT To provide training support to the Comorian Police in – To provide training support to the Comorian Police in – Crowd Management. Crowd Management. Operational Planning. Operational Planning. VIP Protection Services. VIP Protection Services. To provide operational support to the Comorian Police in respect of – To provide operational support to the Comorian Police in respect of – Operational Advice. Operational Advice. Security and Rapid Reaction Services. Security and Rapid Reaction Services. 80 members were deployed during the period 2 June 2007 to 8 July 2007 in accordance with the operational plan. 80 members were deployed during the period 2 June 2007 to 8 July 2007 in accordance with the operational plan.

FINANCIAL ARRANGEMENTS The AU was responsible for the provision of meals and accommodation to members during the course of their deployment. The AU was responsible for the provision of meals and accommodation to members during the course of their deployment. The AU was responsible for the procurement of transport for members on and between the different islands in the mission area. The SAPS had the right to procure its own transport, provided that the costs would be borne by it. The AU was responsible for the procurement of transport for members on and between the different islands in the mission area. The SAPS had the right to procure its own transport, provided that the costs would be borne by it. The AU was responsible for all other common mission expenditure. The AU was responsible for all other common mission expenditure.

FINANCIAL ARRANGEMENTS Continue… The South African Police Service was responsible for deploying members to the mission area and their return to South Africa. The South African Police Service was reimbursed by the African Renaissance Fund. The South African Police Service was responsible for deploying members to the mission area and their return to South Africa. The South African Police Service was reimbursed by the African Renaissance Fund. The AU facilitated exemption from payment of any fees upon entering the territory of the host country, as well as landing, parking and departure rights at no cost to the South African Police Service. The AU facilitated exemption from payment of any fees upon entering the territory of the host country, as well as landing, parking and departure rights at no cost to the South African Police Service. The AU facilitated the provision of medical and dental support, including out-of-mission evacuation, on condition that the South African Police Service may provide additional support at its own cost. The AU facilitated the provision of medical and dental support, including out-of-mission evacuation, on condition that the South African Police Service may provide additional support at its own cost.

ENTRY INTO FORCE, DURATION AND TERMINATION The MoU entered into force upon the conclusion of the Status of Mission Agreement (SOMA) between the Commission of the AU and the Government of the Union of Comoros, which confirmed the status, privileges and immunities of members. The MoU entered into force upon the conclusion of the Status of Mission Agreement (SOMA) between the Commission of the AU and the Government of the Union of Comoros, which confirmed the status, privileges and immunities of members. The MoU remained in force until all personnel, ammunition, other munitions and equipment provided in support of the mission had departed from the host country. The MoU remained in force until all personnel, ammunition, other munitions and equipment provided in support of the mission had departed from the host country.

CONSTITUTIONAL REQUIREMENTS The MoU can be classified as a technical agreement. The MoU can be classified as a technical agreement. 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. 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. No decision is therefore required from Parliament. No decision is therefore required from Parliament. It is recommended that the Committee notes the Memorandum of Understanding. It is recommended that the Committee notes the Memorandum of Understanding.

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