Overview: In 2013, South Africa and the United States had minimal formal counterterrorism cooperation. The South African State Security Agency (SSA) appeared unenthusiastic about engaging with U.S. counterterrorism interlocutors. SSA's Foreign Branch (SSA/FB) is the sole contact for counterterrorism-related coordination and it determines which other entities within SSA or other parts of the government will be involved. U.S. officials working on counterterrorism issues largely had difficulties engaging counterparts in the South African Police Service Crime Intelligence (SAPS/CI) Division, which has the arrest authority in South Africa that the SSA lacks. There is some cooperation on counterterrorism investigations initiated by the United States, however.

Legislation, Law Enforcement, and Border Security: In 2004, the South African government enacted the Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA), which it used for the first time in 2012. The aim of the Act is "to provide for measures to prevent and combat terrorist and related activities; define the offense of terrorism and other offenses associated or connected with terrorist activities; codify Convention offenses; give effect to international instruments dealing with terrorist and related activities; provide a mechanism to comply with UNSCRs; set out measures to prevent and combat the financing of terrorist and related activities; and define investigative measures in respect of terrorist and related activities."

South African law enforcement made several arrests and conducted successful prosecutions in

furtherance of counterterrorism offenses involving South Africa and other African countries. In March, the South Gauteng High Court sentenced Henry Okah, the leader for the Movement for Defence of the Niger-Delta (MEND), to 24 years in prison on 13 terrorism-related charges. Okah, a South African citizen since 2003, was charged for his role in the twin bombings that rocked the October 2010 Independence Day Anniversary celebrations in Abuja, Nigeria where scores of people were killed and wounded. This case was one of the first to be prosecuted under POCDATARA.

SAPS/CI Division, Directorate for Priority Crime Investigation, and SSA are currently tasked with detecting, deterring, and preventing acts of terrorism within South Africa. The National Prosecuting Authority (NPA) is involved from the beginning of most counterterrorism investigations and prosecutes such cases. All entities possess the knowledge, resources, intelligence capabilities, and sophisticated techniques to effectively implement current counterterrorism legislation. However, problems exist with interagency investigative cooperation and intelligence sharing.

The South African judicial system is effective in assisting U.S. counterterrorism investigations. Appropriate South African entities have exhibited occasional willingness to fully cooperate with prosecutorial and extradition requests.

Overall cooperation with South African law enforcement has gradually improved during the past five years in cases of U.S. government-initiated counterterrorism investigations. However, due to allegations of corruption, attrition, the lack of receipt of timely intelligence requests, and bureaucracy within multiple South African law enforcement entities, challenges remain.

Although the South African government has adequate legislation in place to address counterterrorism offenses, substantial obstacles inhibit the country's ability to fight terrorism. South African borders remain porous. To address this problem, South Africa took steps in 2013 to address document fraud and other border security vulnerabilities. South Africa's Department of Home Affairs introduced a new passport with additional security features aimed at eliminating the forging of passports by organized criminal networks. Most recently, there was evidence showing that this vulnerability was exploited by terrorist groups to assume false identities and enable them to move freely throughout Africa.

Training courses at the International Law Enforcement Academy (ILEA) continued for midlevel police managers in a wide range of law enforcement and police programs until September 30. South Africa accepted U.S. training in Maritime Interdiction, Post-Blast Investigations, and Management of Special events. Unfortunately, there was poor participation or participation by officers unaffiliated with counterterrorism activities in these courses.

South African law enforcement currently uses travel document security and has biographic biometric and biometric screening capabilities (secondary interview) at some of its points of entry. The South African government continued to share information and intelligence in relation to flight manifests and entry and exit frequency of identified individuals.

Countering the Financing of Terrorism: South Africa is a member of the Financial Action Task Force (FATF) and the Eastern and Southern Africa Anti-Money Laundering Group, a FATF-style regional body. Its financial intelligence unit is the Financial Intelligence Centre (FIC). Those required to report to the FIC included banks, financial institutions, car dealers, attorneys, gold dealers, gambling establishments, real estate agents, foreign exchange dealers, securities traders, money lenders (to include those who lend against shares, e.g., brokers), entities selling travelers checks, and Johannesburg stock exchange-registered individuals and companies. South Africa's FIC is a member of the Egmont group.

The FIC's annual report in October cited several efforts by terrorists to exploit the country's financial sector. Most major urban centers have a multitude of locally owned hawalas – informal unregulated money transfer businesses – to move money to individuals in other countries.

For further information on money laundering and financial crimes, see the 2014 International Narcotics Control Strategy Report (INCSR), Volume 2, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Regional and International Cooperation: South Africa is a founding member of the Global Counterterrorism Forum (GCTF) and participates in its working group meetings. The NPA actively participates in regional capacity building on counterterrorism investigation and prosecution, both bilaterally and through the auspices of the 30-member African Prosecutor's Association, in which South Africa is a driving force. Lawyers from the NPA Priority Crimes Litigation Unit and investigators from the SAPS Special Investigating Unit and Directorate of Priority Crime Investigation teach courses under the auspices of the Institute for Security Studies to lawyers, judges, and police from around the continent.

Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.