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RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
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UNCLAS SECTION 01 OF 02 PRETORIA 001288 
 
SENSITIVE BUT UNCLASSIFIED 
SIPDIS 
 
DEPT FOR JEFFREY FREDERICK 
DEPT FOR DORIS HAYWOOD 
 
E.O. 12958: N/A 
TAGS: EWWT ECON ETRD MARR PARM PREL PHSA KOMC SF
SUBJECT: SOUTH AFRICAN GOVERNMENT RESPONSE TO DEMARCHE REGARDING 
ARMS/SECURITY TEAMS ABOARD MERCHANT VESSELS 
 
REF:  A. STATE 45331, B. STATE 65487 
 
PRETORIA 00001288  001.2 OF 002 
 
 
¶1. (SBU) Summary.  This cable responds to the items requested in 
paragraph four of Reftel A.  Post delivered the demarche to South 
African Department of International Relations and Cooperation (DICO) 
Deputy Director of Maritme and Antarctic Policy Patrick Jacobs on 
May 7.  Jacobs presented the request to the South African Department 
of Transport's Maritime Security Coordinating Committee (MSCC) for 
response.  The MSCC is the South African Government's (SAG) 
coordinating committee responsible for dealing with maritime safety 
and security issues.  The MSCC provided post with the following 
responses to the questions outlined in Reftel A.  End Summary. 
 
---------- 
Question 1 
---------- 
 
¶2. (SBU) If a vessel were to employ an armed security team onboard 
to prevent pirate attacks, or if the crew were to have arms, would 
there be any restrictions or special procedures for a vessel 
entering or departing the port with weapons onboard? 
 
¶3. (SBU) South African Response: The Firearms Control Act, 2000 (Act 
No. 60 of 2000) (hereafter the Act), as a general rule requires that 
all firearms in South Africa must be registered.  Section 74 of the 
Act requires that a (temporary) import, export, or carriage 
in-transit permit be issued to persons carrying firearms entering 
South Africa.  These permits may be issued to "fit and proper" 
persons, who can include non-South Africans.  The Registrar of 
Firearms may prescribe certain conditions on the holder of the 
permit.  Generally, as soon as a vessel docks in a South African 
port, the Captain or the crew in whose names the firearms are issued 
must report and apply for either an "import permit" or an 
"in-transit permit". 
 
---------- 
Question 2 
---------- 
 
¶4. (SBU) If a vessel armed security team or vessel crew members were 
to enter the country with weapons via air carrier or other 
transportation mode in order to board an outbound ship, would there 
be any restrictions or special procedures? 
 
¶5. (SBU) South African Response: Armed security team members or 
armed crew of the vessel who arrive at an airport, must, as a 
general rule, apply at the local police station at the airport for 
an import permit or an in-transit permit.  Such a permit if 
approved, will allow the team members or crew to transport their 
firearms to the port where the vessel has docked and to board the 
vessel.  Please note that if their firearms include "prohibited 
firearms" they must apply in advance to the Registrar of Firearms. 
Prohibited firearms are defined in section 4(1) of the Act as 
including fully automatic rifles, cannons, recoilless guns, rockets, 
and ammunition). The local police stations at the ports of entry do 
not deal with such applications but refer them directly to the 
Registrar of Firearms. 
 
---------- 
Question 3 
---------- 
 
¶6. (SBU) Are the answers to questions (1) and (2) different if the 
security team is governmental or private?  What if the armed 
personnel are vessel crew members? 
 
¶7. (SBU) South African Response: Section 96(3) of the Act provides 
that if a foreign military force/team visits South Africa in terms 
of an international obligation or agreement, these members are 
exempted from the provisions of this Act as it is provided for in 
the agreement.  Military force includes military, police, security, 
Qthe agreement.  Military force includes military, police, security, 
and intelligence personnel.  (Note: The exemption only applies to 
military personnel defined above when acting in accordance to the 
terms of an international obligation or agreement.  Vessel crew 
members are still required to request permits as outlined in the 
responses to questions one and two.  End Note) 
 
---------- 
Question 4 
---------- 
 
¶8. (SBU) Do your answers to these questions vary on whether the 
government security team is military or civilian? 
 
¶9. (SBU) South African Response: South African Response: The only 
 
PRETORIA 00001288  002.2 OF 002 
 
 
difference is whether the military team acts in terms of an 
international agreement or not.  If they act in terms of an 
agreement which makes provision for such operations, the military 
team will, as a general rule, be exempted from the provisions of the 
Act as provided for in section 96(3). 
 
---------- 
Question 5 
---------- 
 
¶10. (SBU) What about anyone (pirate suspects) detained by such crews 
or armed security teams in territorial waters?  What would national 
law dictate regarding disposition of said persons? 
 
¶11. (SBU) South African Response: South African Response: Section 
24(3) of the Defense Act, 2002 (Act No.42 of 2002) makes provision 
that any person suspected of committing an act of piracy or armed 
robbery may be tried by any South African court designated by the 
Director of Public Prosecutions. 
 
---------- 
Question 6 
---------- 
 
¶12. (SBU) Which agencies within your government are responsible for 
such issues? 
 
¶13. (SBU) South African Response: The South African Police Service 
is responsible for the administration of the Firearms Control Act. 
The Department of International Relations and Cooperation (DICO) as 
well as the Department of Defense (DOD) will play a role in these 
matters. 
 
-------------------- 
GENERAL SAG COMMENTS 
-------------------- 
 
¶14. (SBU) The MSCC provided the following general comments in 
addition to the responses to the specific questions.  "Please note 
that the responses to these questions are very basic.  One cannot 
lay down hard and fast rules.  Sometimes more than one Act or 
regulation deals with an issue such as question two, where the 
security team arrives by an air carrier.  Although the team may have 
obtained the necessary import permits in terms of the Firearms 
Control Act, they may still be contravening the Civil Aviation 
Offences Act, 1972 (Act No. 10 of 1972) by carrying a 'harmful 
article' on board an aircraft without the aircraft operator's 
consent.  Harmful articles include items such as firearms, 
ammunition, missiles, rockets, grenades, and bombs.  Transportation 
and storage of some of these items may also be prescribed by the 
Explosives Act, 2003 (Act No. 15 of 2003)." 
 
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