Question NW2285 to the Minister of Communications and Digital Technologies
08 January 2024 - NW2285
Marais, Mr S to ask the Minister of Communications and Digital Technologies
Whether, with reference to the institution of an inquiry by the President of the Republic, Mr M C Ramaphosa, into matters surrounding the docking of the Russian vessel, Lady R, in Simonstown in December 2022, the import permits granted in 2019 and 2020 were still valid to offload Russian ammunition while the ship was docked and/or any applications for export permits for munitions to be loaded onto the specified vessel were received; if not, was the validity of the import permits extended by the National Conventional Arms Control Committee; if so, what are the details and reasons that the extension and the export permit application were not reported to the Joint Standing Committee on Defence?
Reply:
- The NCACC confirms that the import permits granted in 2019 and 2020 were not valid at the time of the offloading Russian ammunition while the ship was docked and/or any applications for export permits for munitions to be loaded onto the specified vessel were received.
- This is because the Permits issued at any given time have a limited lifespan and may only be extended to keep these valid but the extension in terms of legislation is limited. When such a time frame lapses so does the validity of the Permit. Thus, it goes without saying that the Import Permit issued in 2019 and 2020, would have lapsed.
- The Export Permits of munitions to be loaded on the specific vessel do not arise, since the NCACC has not received any application for such export permits therefore none would/were issued.
- Further, the Judge Mojapelo (retired) Panel Report also vindicated the NCACC by concluding that no ammunition was loaded onto that specific vessel.
- The Import Permits which were used in 2022 are linked to the same Order and Purchase by the Importer. However, the Order and Purchase are purely a commercial transaction and are not regulated under the NCAC Act.
- The Importer is entitled that in pursuance of their commercial interests to apply to the NCACC and should enjoy the full consideration by the Conventional Arms Control processes. This the Importer complied with in 2022 and was issued with the necessary Import Permits.
- The Importer applied for the Import Permits and these were issued as follows:
PERMIT 1
(a) Import Permit IM0036810 which is the Final Import Permit that was issued and signed by the Secretariat of the NCACC in order for the Vessel that was carrying Equipment. This permit is referencing both Order Numbers of Armscor: KP467230/1 and KP467233. Further, this Import Permit also indicates that it is a replacement permit that replaced IM0036672, which had been cancelled earlier.
PERMIT 2
(b) The final issuing of Import Permit no IM0036677 was issued by the Secretariat as a result of a request for cancellation and an issue. This transaction resulted in the Permit being issued under a changed Import Permit to IM0036814 by the Importer.
Finally, the report(s) by the NCACC to Parliament in terms of s23 of the NCAC Act are compiled in a predetermined manner. Thus, ensuring consistency and probity when the respective Parliamentary Committee(s) have to exercise their Oversight Role.
Therefore, it is not an omission by the NCACC that the Export Permit(s) was not reported to Parliament. Such reporting is done/provided based on applications received and processed. Since no Export Permit was received by the NCACC, no report can be furnished to the Joint Standing Committee on Defence (JSCD).
I trust that this enables the Member to fully appreciate and accept the factual aspects of the matters at hand.
Thank You.