Chairperson, hon members and colleagues, I would like to join Mr Koos van der Merwe in complimenting the hon Selfe. We are not selfish in the ANC, so when credit is due, we give it accordingly. Some of the matters that you addressed are indeed demonstrative in that at least the DA, once in a while, does acknowledge some of the positive work that is being done by this country in achieving its national priorities.
In his speech, addressing a meeting of the Speakers of the G8 Plus 5 and Egypt held in Rome, Italy, on 12 September to 13 September 2009, under the theme The contribution of parliaments in the fight against drug trafficking and organised crime, the Speaker of our Parliament, the hon Sisulu, had, by way of introduction, the following to say:
One of the most worrisome issues that faces South Africa in the wake of a representative and democratically elected government has been the rise of organised crime. Countries such as the Eastern bloc countries that have had periods of political transition have also battled with the effects of organised crime and criminal activity. South Africa has undergone similar increases in levels of crime subsequent to democratic political change.
This candid and open acknowledgement from the outset of his speech of the challenges facing our country today, especially from a member of the ruling party, was hailed by his peers as a reflection of the level of maturity of our democracy and a significant factor in the course of fighting one of the biggest enemies of democracy, namely violent and organised crime.
Another important aspect of our Speaker's speech, which attracted acknowledgement from his peers at the forum I have just referred to - as a unique contribution by South Africa to that discussion - is the introduction of the social context in which crime and substance abuse in particular have found room to expand and flourish, as well as their impact on the social fibre of our society.
In this regard, he alluded to the following:
It is also important to apprise the members about the social impact of drug abuse in South Africa. The abuse of drugs or substance abuse is a growing phenomenon in South Africa and has become a major concern both to the state, especially the law-enforcement agencies, and society in general.
This is particularly so because of the strong link between violent crime, organised crime, and abuse of drugs. The youth are especially vulnerable, owing to high levels of poverty and unemployment amongst them. They become a target, both as potential users and as an effective conduit for the distribution or peddling of drugs.
Some the key issues highlighted by the other speakers and heads of relevant United Nations bodies represented at this meeting, which was the G8 Speakers' eighth session, but the first to include G5 parliaments and which was an exploratory session to include the G5 in future meetings, were the following. The meeting indicated that it was critical that some emphasis be placed on border control and security because this matter was becoming much more challenging, making it more difficult to pursue criminals if there wasn't enough collaboration between neighbours. In addition, the session also highlighted the need for countries to tighten legislation to ensure compliance and minimise any potential threats; the importance of promoting universal ratification of the Palermo Convention, its protocols and implementation thereof; the need to ensure that domestic legislation was in line with international standards in crime prevention and criminal justice; the role of parliaments in mandating governments to improve data collection and analysis of crime; the importance of building capacity to improve criminal justice and law enforcement; the imperative to strengthen government through the implementation of the UN Convention Against Corruption; and the initiative to mobilise civil society to strengthen regional co-operation.
These were amongst the measures that were considered critical in the fight against crime, especially given the transnational character of organised crime in particular. South Africa was hailed for the progress we have already made in most of these areas, despite the enormous challenges that we continue to battle with.
Among the statutes passed by this Parliament since 1994 to fight drug trafficking and organised crime is the Special Investigating Units and Special Tribunals Act, Act 74 of 1996. The principal objective of this Act was to provide a mechanism through which allegations of serious corruption, maladministration or misappropriation of state funds and assets could be comprehensively and swiftly investigated, and remedial steps taken expeditiously and cost-effectively.
We passed the International Co-operation in Criminal Matters Act, Act 75 of 1996, which provides, amongst other things, for international co-operation in criminal matters with foreign states in respect of the provision of evidence, the execution of sentences and compensatory orders, and the enforcement of confiscation and restraint orders.
We have also passed the Proceeds of Crime Act, Act 76 of 1996, which provides for the restraint and confiscation of the proceeds of crime, and established a number of money-laundering offences. This Act was subsequently repealed and substituted by the Prevention of Organised Crime Act. That Act, Act 121 of 1998, is now the principal Act through which syndicated criminal activity is prosecuted.
The Act, amongst other things, creates a new offence of participating in affairs of any criminal organisation. In defining the crime, we drew on the common elements of most other countries which had traversed this path and introduced such a crime to our Statute Book. The Act further creates an asset forfeiture regime which allows the state, through civil action, to seize assets that are the proceeds of crime used in the commission of an offence or used to commit or facilitate crime.
This provision was made to apply retrospectively. In other words, it applied to the confiscation of property used in crime that occurred before the existence of the Act, the idea being to hit organised crime syndicates where it hurts the most.
The law also criminalises certain activities of street gangs, such as the recruitment of members of a gang. The Prevention of Organised Crime Second Amendment Act, Act 38 of 1999, in particular, extended the application of the principal Act to proceeds of crime and property used in the commission of an offence where such crime or offence occurred before the commencement of the principal Act. The enactment of this legislation was required as a consequence of conflicting High Court judgments with regard to the retrospectivity of the application of the Act.
Let me conclude by stating that crime is a challenge that faces us all. As the ANC has said in its manifesto, together we can do more. It is a challenge that we must confront, irrespective of our political persuasions, and irrespective of our convictions or beliefs. The ANC supports the delegation in its envisaged trip to the IPU. Thank you. [Time expired.] [Applause.]