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
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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
improvement of Nuclear Security measures
and
• South Africa is already implementing most of the
obligations in the Convention
Siyabonga!