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KZN reassures public safety through collaborative initiatives

Location: News

KZN reassures public safety through collaborative initiatives

The KwaZulu-Natal Government has reaffirmed its commitment to ensuring public safety through collaborative initiatives and targeted strategies.

KwaZulu-Natal Premier, Thamsanqa Ntuli, made the commitment during the release of the province’s second quarter crime statistics for 2024/2025, on Tuesday.

The crime statistics, covering the period of July to September 2024, revealed a marginal increase of 0.1% in the 17 community reported serious crimes.

The statistics showed that 63 666 cases were reported, with 20 794 arrests made.

A total of 1 428 murder cases were registered in the province, and this includes 71 multiple murder incidents, involving 164 victims.

“While overall murders declined, rural areas and townships remain high-risk zones, with arguments, robberies, and retaliation being key causes. Alarmingly, 186 victims were women and 77 were children,” Ntuli said.

The Inanda Police Station in the north of Durban, remains in the top 10 stations for serious crimes, followed by Umlazi and Ntuzuma.

Notable improvements were seen in carjacking with less than 17.3% and robberies at residential and non-residential premises.

However, the province witnessed an increase in cash-in-transit robberies with 11 incidents recorded, compared to eight incidents recorded last year. Persisting crime syndicates also remain a challenge.

Strengthened crime fighting capacity

Recognising resource challenges faced by the South African Police Service (SAPS), Ntuli announced the donation of 36 vehicles worth over R14 million, which will bolster law enforcement capabilities across the priority stations.

The vehicles were handed over to KwaZulu-Natal Provincial Police Commissioner, Lieutenant-General Nhlanhla Mkhwanazi, who commended the initiative, noting that it would significantly aid in tackling crime hotspots.

Among the key measures to help in crime fighting also include increased visibility in crime hotspots and areas affected by faction fights, such as Nongoma, Nquthu, Loskop, and uMzimkhulu; tightened operations at ports of entry and border gates, in collaboration with the Border Management Authority; as well as joint law enforcement raids focusing on food safety inspections in spaza shops, following incidents of expired goods being sold.

With the festive season underway, the provincial government has further unveiled intensified safety measures, including the deployment of 656 new police constables to the key stations.

Ntuli said additional support will come from 198 Road Traffic Inspectorate (RTI) officers, including 467 authorised officers, and 124 metro police constables.

The Premier and provincial leadership reiterated their commitment to tackling crime through a multi-faceted approach, including the recent launch of the KZN Council Against Crime (CAC).

Ntuli said the council will monitor and devise integrated strategies to fight crime over the next five years.

As the festive season continues, the provincial government reassured the residents and visitors of its dedication to maintaining safety.

“We wish to thank the brave men and women in law enforcement for their tireless efforts in ensuring a crime-free KwaZulu-Natal,” Ntuli said. – SAnews.gov.za

 

GabiK
Wed, 12/18/2024 - 10:47

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Minors to be reunited with families in Mozambique

Location: News

Minors to be reunited with families in Mozambique

Twenty-seven teenage boys are set to be repatriated home to Mozambique after resurfacing from the Stilfontein unused mines more than a month ago, the Department of Social Development in the North West said.

In a statement on Tuesday, the department said among the 27 undocumented children, 15 were found by the police in Matlosana and 12 others resurfaced from the abandoned mines and were placed in temporary safe care in Mahikeng for two weeks. 

Last month, the Department of Social Development (DSD) said that about 96 undocumented children have been detained after they were found to be part of a group of illicit miners in Khuma Stilfontein, in the North West. 

At the time, the DSD said the North West provincial department had received information about the arrest of undocumented minors. 

READ | Undocumented children detained for illicit mining

The department said the placement of the minors in temporary safe care, is in line with the provisions of the Children’s Act which mandate social workers or police officials to remove a child who is in danger and place them in temporary safe care.

“On Tuesday at 00:00 am, the social workers managing the case set out to repatriate the children to Lebombo border with a police escort. This after they got permission from the court to release them from their place of safety and… repatriate them and hand them over to their counterparts in Mozambique, who will then reunify the children with their parents.

“This was made possible after the Mozambican Consulate issued them with temporary travel documents and allowed a care-to-care process between the Social Development Departments in the two countries. This was facilitated by the Department of Social Development and International Social Workers Services. The children will be handed over to social workers at the Lebombo border,” the department explained.

MEC for Social Development Basetsana Sussana Dantjie has expressed profound gratitude to her departmental team led by acting Head of Department Dr Fezile Ngqobe for arranging the temporary safe care for the children and also working around the clock to repatriate the children to their original country.

“We thank all the stakeholders who came forward and played a critical role in ensuring that these children receive the necessary care and protection. We also thank the Mozambican Consulate for speeding up the process of repatriation,” Dantjie said.

The MEC added that her department, together with stakeholders, are ready to provide similar services to other children who may resurface from the old gold mines in Stilfontein. – SAnews.gov.za

 

DikelediM
Tue, 12/17/2024 - 09:45

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SA, Algeria strengthen ties

Location: News

SA, Algeria strengthen ties

South Africa and Algeria have concluded a successful 7th session of the Bi-National Commission, marking a significant milestone in strengthening cooperation between the two nations.

President Cyril Ramaphosa recently led a delegation comprising Ministers, senior officials and business leaders in Algeria for a State visit at the invitation of President Abdelmadjid Tebboune. 

South Africa and Algeria enjoy strong political, economic, and social relations following the establishment of diplomatic relations in May 1994.

Speaking during a media briefing on Friday, President Ramaphosa said the outcomes of this session have paved the way for further cooperation, demonstrating the strong commitment of South Africa and Algeria to advancing the African continent's collective goals. 

“From our discussions, we are certain that this Bi-National Commission will continue to deepen collaboration, trade, investment and people-to-people exchange between South Africa and Algeria.

“President Tebboune and I were extremely satisfied with the detailed report that was presented on progress in the key areas of cooperation between Algeria and South Africa,” President Ramaphosa said. 

President Ramaphosa said the Bi-National Commission is seen as a mechanism to expand trade and investment ties between the two countries.

While there is currently a healthy volume of bilateral trade, the two Heads of State agreed that this should be far higher. 

“With preferential trading now having commenced under the African Continental Free Trade Area, there is even greater opportunity to deepen intra-African trade and strengthen economic linkages between major African economies.

“We have a shared conviction that deepening our bilateral relationship should serve the cause of African economic integration, shared prosperity, stability and peace,” he said. 

With the Algeria-South Africa Business Forum having taken place on Thursday, President Ramaphosa said it was an important opportunity for Algerian and South African businesses to explore synergies and plan projects.

South Africa had a sizeable business delegation spanning a range of economic sectors such as agriculture, manufacturing, automotive, construction and mining.

“We also have representatives from our Industrial Development Corporation, who are here to pursue investment leads the corporation could potentially fund.

“President Tebboune and I agreed that potential exists for cooperation on low-carbon economic growth in areas such as renewable energy and electric vehicle manufacturing. South Africa and Algeria have respective comparative advantages that can be harnessed for mutual benefit,” he said. 

Addressing Geopolitical Challenges

Against the backdrop of rising global geopolitical tensions, President Ramaphosa briefed President Tebboune on South Africa’s case before the International Court of Justice to hold Israel accountable for its actions in Gaza. Both leaders reiterated their call for an end to hostilities, the release of hostages, and the provision of humanitarian aid to the people of Gaza.

“South Africa and Algeria agree that the only lasting solution to this conflict is the realisation of the Palestinian people’s right to self-determination.

“As countries that have known the pain of occupation and dispossession, we stand in solidarity with the oppressed everywhere, including in Palestine and Western Sahara,” President Ramaphosa said. 

As South Africa marks 30 years of democracy, President Ramaphosa extended his gratitude to the noble people of Algeria for standing with the country in its struggle for liberation. – SAnews.gov.za

DikelediM
Fri, 12/06/2024 - 16:17

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Cabinet welcomes release of 2nd quarter crime stats

Location: News

Cabinet welcomes release of 2nd quarter crime stats

Cabinet has welcomed the release of the 2nd quarter crime statistics, which show that law enforcement agencies' efforts to turn the tide in the fight against crime are starting to yield results, with a decrease in both murder and violent crimes. 

Addressing the post-Cabinet media briefing held in Cape Town on Thursday, Minister in the Presidency Khumbudzo Ntshavheni said the murder rate in South Africa has decreased by 5.8%, while sexual offences decreased by 2.5%, and robbery with aggravating circumstances decreased by 8.8%. 

“Additionally, rape decreased by 3.1%, while robbery at residential premises and non-residential premises decreased by 1.3% and 21.1% respectively,” Ntshavheni said.

Cabinet also welcomed the arrest of a 39-year-old Mexican national for dealing in and manufacturing drugs, as well as contravening the Immigration Act after a multi-disciplinary operation guided by police led to the discovery of a drug laboratory in Rietfontein, Johannesburg, valued at approximately R100 million. 

“In addition, the South African Police Service (SAPS), through an intelligence-driven operation, confiscated a container carrying cocaine with an estimated street value of around R86.5 million, which came in from Brazil through the Durban Harbour. 

“[Additionally], five suspected ATM bombers were killed in a shootout with police in eMalahleni, Mpumalanga. The suspects opened fire on the police after they were cornered at a safe house in Schoongezicht in Emalahleni,” Ntshavheni said.

Cabinet has called on all sectors of society to partner with the police to strengthen the fight against crime. 

“By working together, we can create safer communities and public spaces, while ensuring criminals have no place to hide,” she said. – SAnews.gov.za

Edwin
Thu, 12/05/2024 - 13:51

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Measures put in place to augment Vaal Dam water levels

Location: News

Measures put in place to augment Vaal Dam water levels

The Department of Water and Sanitation has put measures in place for the release of water from the Sterkfontein Dam into the Vaal Dam to augment water levels when it reaches 18% in volume.

The standard operating rule for releases of water from Sterkfontein into the Vaal Dam is when the Vaal Dam reaches 18% of its full supply capacity.

The department said the Vaal Dam is currently sitting at 28.2% and has been on the decrease by 1.5 to 2% weekly, due to climatic factors, including low inflows owing to the lack of rainfall in the Vaal catchment and elevated temperatures which have led to increased evaporation losses.

“The surface area of the Vaal Dam is wide and shallow and is therefore susceptible to high evaporation losses. Another cause for the drop in levels is due to low inflows into the Vaal Dam as a result of the Lesotho Highlands Water Project (LHWP) tunnel closure for planned maintenance work currently underway.

READ| Government commends progress made in Lesotho Highlands Water Project maintenance

“The tunnel transfers 780 million cubic metres of water per annum into the Integrated Vaal River System (IVRS). However, there was a shortfall of 80 million cubic metres from the normal annual transfer volume this year due to the shutdown,” the department said in a statement.

An analysis conducted by the department to assess the risk of the IVRS performance due to the tunnel closure, indicated the impact of the outage on the overall IVRS will be insignificant considering that dams in the IVRS, including the Sterkfontein Dam and others, are relatively full.

“This means that the closure of the tunnel (from 01 October 2024 to 31 March 2025) for maintenance, will not result in any disruption of water supply to Rand Water, and to the municipalities in Gauteng and other provinces which are customers of Rand Water,” the department said.

The department said when the analysis was done in May 2024, there was a low probability for release from Sterkfontein Dam to augment the Vaal Dam.

The low risk was assessed at 5% and it was observed that the percentage probability has now materialised due to below normal rainfall and high evaporation rates.

The department has since issued a notice to water users and the public along the Nuwejaarspruit and Wilge Rivers of possible release of water from the Sterkfontein Dam and has advised the removal of movable equipment, including irrigation pumps and to also avoid low lying bridges by 15 December 2024.

The department explained it takes about three to four days for water released from Sterkfontein Dam to reach Vaal Dam. – SAnews.gov.za
 

GabiK
Tue, 12/03/2024 - 10:42

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Reduction in some crime categories

Location: News

Reduction in some crime categories

The South African Police Service (SAPS) has recorded a downward trend in some categories of crime, including murder, robbery and carjacking.

From 1 July to 30 September 2024, the 17 community-reported serious crimes showed an overall decline of 5.1%. Specifically, contact crime decreased by 3%, property-related crime saw a reduction of 9.9%, and other serious crime decreased by 3.4%. 

“Focusing on contact crime, the statistics indicate that murder decreased by 5.8%, sexual offenses by 2.5%, and robbery with aggravating circumstances by 8,8%.

“Additionally, rape decreased by 3.1%, while robbery at residential premises and non-residential premises decreased by 1.3% and 21.1%, respectively. 

“Among the 17 community-reported crime categories monitored, the only increases were observed in attempted murder, assault GBH [grievous bodily harm] and commercial crime, which rose by 2.2%, 1% and 18.5% respectively,” said Police Minister Senzo Mchunu during the release of the Quarterly Crime Statistics and Reflection on 100 Days in office at the SAPS Gauteng head office on Monday.

The Minister said Operation Shanela has proven highly successful, leading to 262 396 arrests, 7 549 high-density operations, and over eight million actions executed. 

Public Order Policing achievements in the second quarter of 2024/25 include 2 756 arrests, with seizures of counterfeit goods worth R22.2 million, 93 firearms, and 846 rounds of ammunition. 

Border Policing efforts resulted in 6 610 arrests and significant confiscations, including drugs worth R498 million, firearms, explosives, and stolen vehicles valued at R66.9 million. 

Mchunu said there is a need for close collaboration between the SAPS, the Justice cluster, National Prosecuting Authority and Home Affairs to make Operation Shanela more effective in relation to different crimes and criminals. 

“We are also currently consolidating Operation Shanela and will make our plans known in due course,” the Minister said. – SAnews.gov.za

Matona
Tue, 11/26/2024 - 13:24

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Moving in day for new Goodwood social housing tenants

Location: News

Moving in day for new Goodwood social housing tenants

The City of Cape Town has welcomed the latest group of tenants at the massive 1 055-unit Goodwood Station social housing partnership project, a new well-located, affordable housing development, valued at more than R500 million. 

In a statement on Saturday, the City said the purpose of social housing is to provide good quality rental housing in well-located parts of the City to households earning less than R22 000 per month.

The City of Cape Town has provided grant funding, land for parking, and various rates discounts and incentives to enable a viable social housing project at Goodwood Station.  

The project is a partnership between all spheres of government, including the City, National and Provincial Departments of Human Settlements, the Social Housing Regulatory Authority (SHRA), DCI Community Housing Services (the social housing institution undertaking the development), the Passenger Rail Agency of South Africa (Prasa), and the Development Bank of South Africa (DBSA) Infrastructure Fund, among others. 

Mayoral Committee Member for Human Settlements, Councillor Carl Pophaim, said that the City continues to leverage well-located land across the metro for affordable housing initiatives. 

In under two years, various municipal-owned properties - with a yield of more than 4 200 units – have already been released as part of the Mayoral Priority Programme for accelerated land release for affordable housing. Overall, the City has some 12 000 affordable units in the pipeline.

“Thousands of families are already tenanted at various well-located developments around the metro, including right here in Goodwood, nearby in Bothasig Gardens, Maitland Mews in the inner city, and the Western Cape government’s Conradie Park development in Pinelands. The City has further released several inner city land parcels for affordable housing, including Salt River Market, Pine Road, Dillon Lane, and New Market Street in the Woodstock and Salt River areas.

“All of these affordable rental units are close to economic and transport hubs. We are truly changing the metro, one affordable housing opportunity at a time, for families in various areas across the city. It was an honour to hand over the keys to these brand-new beautiful units to these families,” Pophaim said. 

Facts about social housing:

  • It is managed by accredited social housing institutions (SHIs).
  • SHIs are solely dependent on rental income. They receive no operational grants. They are able to service their debt finance through rental income.
  • As with any rental contract, tenants formally enter into lease agreements. The landlord is the SHI.
  • If tenants do not adhere to their lease agreements, the responsible SHI will follow the necessary legal process. Tenants must therefore pay to stay, as the rental money is used for the day-to-day operation and upkeep of the complex. 
  • The City has nothing to do with the day-to-day management of SHIs, the rental amount or evictions for not paying. 
  • Before potential beneficiaries can apply for social housing, they are required to register on the City's Housing Needs Register.
  • Projects are developed on well-located, accessible land in and near urban centres.
  • It is not low-income subsidised government housing, such as Breaking New Ground (or the commonly called RDP housing and it is not City Council Rental Units).
  • It is managed with 24-hour security and access control.
  • The City may sell City-owned land at a discounted price for social housing developments to make projects economically viable.
  • Social housing offers improved access to social facilities and other amenities.
  • A single grant subsidy can benefit on average five households versus one household for council rental units.
  • Social housing adds value to vacant pieces of land.
  • Social housing has the potential to improve property values in an area.

For more information and to apply, those who qualify can visit: https://www.capetown.gov.za/City-Connect/Apply/City-housing-and-properties/Housing-opportunities/Apply-for-social-housing   - SAnews.gov.za 

DikelediM
Sun, 11/24/2024 - 13:52

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ICC Pre-trial Chamber I Issues Warrants of Arrest for Mohammed Diab Ibrahim Al-Masri (Deif)

Location: News
International Criminal Court (ICC)

Today, on 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (‘Court') (www.ICC-cpi.int), in its composition for the Situation in the State of Palestine, unanimously issued a warrant of arrest for Mr Mohammed Diab Ibrahim Al-Masri, commonly known as ‘Deif', for alleged crimes against humanity and war crimes committed on the territory of the State of Israel and the State of Palestine from at least 7 October 2023.

The Prosecution had initially filed applications for warrants of arrest for two other senior leaders of Hamas, namely Mr Ismail Haniyeh and Mr Yahya Sinwar. Following confirmation of their deaths, the Chamber granted the withdrawal of the applications on 9 August 2024 and 25 October 2024, respectively. With respect to Mr Deif, the Prosecution indicated that it would continue to gather information with respect to his reported death. On 15 November 2024, the Prosecution, referring to information from both the Israeli and Palestinian authorities, notified the Chamber that it is not in a position to determine whether Mr Deif has been killed or remains alive. Therefore, the Chamber issues the present warrant of arrest. The Prosecution also noted that it continues to investigate the crimes in the ongoing conflict and envisions that further applications for warrants of arrest will be submitted.

The warrant of arrest for Mr Deif is classified as ‘secret' in order to protect witnesses and to safeguard the conduct of investigations. However, the Chamber decided to release the information below since conduct similar to that addressed in the warrant of arrest appears to be ongoing, in particular the holding of a number of hostages captive. The Chamber considers it is also in the interest of victims and their families to be aware of the warrant's existence.

The Chamber found reasonable grounds to believe that Mr Deif, born in 1965, the highest commander of the military wing of Hamas (known as the al-Qassam Brigades) at the time of the alleged conduct, is responsible for the crimes against humanity of murder; extermination; torture; and rape and other form of sexual violence; as well as the war crimes of murder, cruel treatment, torture,; taking hostages; outrages upon personal dignity; and rape and other form of sexual violence.

The Chamber found reasonable grounds to believe that Mr Deif bears criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and through others and (ii) having ordered or induced the commission of the crimes, and (iii) for his failure to exercise proper control over forces under his effective command and control.

The Chamber found reasonable grounds to believe that during the relevant time, international humanitarian law related to international armed conflict (between Israel and Palestine) and non-international armed conflict (between Israel and Hamas) applied. The Chamber also found that there are reasonable grounds to believe that the crimes against humanity were part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel.

Alleged crimes

With regard to the crimes, the Chamber found reasonable grounds to believe that on 7 October 2023, shortly after a large number of rockets triggered the ‘Tzeva Adom' alarm in several communities in Israel around 6:20-6:30 am, armed men entered these communities, as well as the site of the Supernova festival, a music event with a few thousand participants (‘7 October Operation'). Members of Hamas, notably fighters of the al-Qassam Brigades, carried out mass killings at and/or around the communities of Kfar Aza, Holit, Nir Oz, Be'eri, and Nahal Oz, as well as at the Supernova festival. The attackers, for example, fired at people while they were seeking shelter and throw grenades at them. Hamas fighters followed similar patterns in other locations and killed further persons. These killings qualify as the crime against humanity and the war crime of murder.

The Chamber also found that in some locations, namely at the site of the Supernova festival and in the vicinity thereof, attackers fired at people with semi-automatic weapons and/or rocket-propelled grenades. In light of this, the Chamber concluded that there are reasonable grounds to believe that the war crime of intentionally directing attacks against civilians was committed.

In light of the coordinated killings of members of civilians at several separate locations, the Chamber also found that the conduct took place as part of a mass killing of members of the civilian population, and it therefore concluded that there are reasonable grounds to believe that the crime against humanity of extermination was committed.

Furthermore, in the context of 7 October Operation, the Chamber found that a large number of persons were seized from various locations in Israel, including Kfar Aza, Holit, Nir Oz, Be'eri, Nahal Oz, and the Supernova festival. The victims were civilians, including children and elderly people, as well as members of the IDF (Israeli Defence Forces). After being taken to Gaza, most of them were detained in secret locations, including apartments and underground tunnels. A number of groups participated in seizing and detaining these persons: the al-Qassam Brigades, the Palestinian Islamic Jihad al-Quds, and other Palestinian armed groups. The Chamber found that Hamas was in control of the hostages as of the start of their detention in Gaza, irrespective of the group affiliation of the individuals initially seizing the hostages. The Chamber also found that hostage taking in the context of the 7 October Operation was conducted with the aim to negotiate their release in exchange for Palestinian prisoners held in Israel. In light of the above, the Chamber considered that there are reasonable grounds to believe that the war crime of hostage taking was committed.

The Chamber further found that, while they were held captive in Gaza, some hostages, predominantly women, were subjected to sexual and gender based violence, including forced penetration, forced nudity, and humiliating and degrading treatment. On the basis of the material presented, the Chamber found reasonable grounds to believe that the crimes of torture as a crime against humanity and war crime, rape and other forms of sexual violence as crimes against humanity and war crimes, cruel treatment as a war crime, and outrages upon personal dignity as a war crime were committed against these persons during the relevant period.

With respect to Mr Deif's individual criminal responsibility, the Chamber found reasonable grounds to believe that senior leaders of Hamas, comprising of at least Mr Deif, Mr Sinwar, and Mr Haniyeh, agreed to jointly carry out the 7 October 2023 Operation. The plan included targeting military and civilian objects in Israel and other acts of violence against Israeli persons. The material presented by the Prosecution indicated that several senior members of Palestinian Islamic Jihad al-Quds joined the plan in the morning of 7 October 2023 at the latest, and that other Palestinians armed groups participated in the Operation.

Mr Deif, in his role as the commander of the al-Qassam Brigades, and through his actions prior to, during and after the 7 October Operation, is responsible for the commission of these crimes. In addition, the Chamber considered that Mr Deif ordered or induced the crimes or is responsible as a military commander for the criminal conduct of his subordinates. 

Background

On 1 January 2015, The State of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting jurisdiction of the Court since 13 June 2014.

On 2 January 2015, The State of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for The State of Palestine on 1 April 2015.

On 22 May 2018, pursuant to articles 13(a) and 14 of the Rome Statute, The State of Palestine referred to the Prosecutor the Situation since 13 June 2014, with no end date. 

On 3 March 2021, the Prosecutor announced the opening of the investigation into the Situation in the State of Palestine. This followed Pre-Trial Chamber I's decision (https://apo-opa.co/3OlxLKY) on 5 February 2021 that the Court could exercise its criminal jurisdiction in the Situation and, by majority, that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem. 

On 17 November 2023, the Office of the Prosecutor received a further referral of the Situation in the State of Palestine, from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, and on 18 January 2024, the Republic of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with respect to the situation in The State of Palestine.

Distributed by APO Group on behalf of International Criminal Court (ICC).

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int

You can also follow the Court's activities on Twitter (https://apo-opa.co/3OlxMP2), Facebook (https://apo-opa.co/4eFN6k7), Tumblr (https://apo-opa.co/3OlxOq8), YouTube (https://apo-opa.co/3OhQUgL), Instagram (https://apo-opa.co/490pm92) and Flickr (https://apo-opa.co/3Zjr560)

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ICC Pre-trial Chamber I Rejects the State of Israel’s Challenges to Jurisdiction and Issues Warrants of Arrest for Benjamin Netanyahu and Yoav Gallant

Location: News
International Criminal Court (ICC)

Today, on 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (‘Court') (www.ICC-cpi.int), in its composition for the Situation in the State of Palestine, unanimously issued two decisions rejecting challenges by the State of Israel (‘Israel') brought under articles 18 and 19 of the Rome Statute (the ‘Statute'). It also issued warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant.

Decisions on requests by the State of Israel

The Chamber ruled on two requests submitted by the Israel on 26 September 2024. In the first request, Israel challenged the Court's jurisdiction over the Situation in the State of Palestine in general, and over Israeli nationals more specifically, on the basis of article 19(2) of the Statute. In the second request, Israel requested that the Chamber order the Prosecution to provide a new notification of the initiation of an investigation to its authorities under article 18(1) of the Statute. Israel also requested the Chamber to halt any proceedings before the Court in the relevant situation, including the consideration of the applications for warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant, submitted by the Prosecution on 20 May 2024.

As to the first challenge, the Chamber noted that the acceptance by Israel of the Court's jurisdiction is not required, as the Court can exercise its jurisdiction on the basis of territorial jurisdiction of Palestine, as determined by Pre-Trial Chamber I in a previous composition. Furthermore, the Chamber considered that pursuant to article 19(1) of the Statute, States are not entitled to challenge the Court's jurisdiction under article 19(2) prior to the issuance of a warrant of arrest. Thus Israel's challenge is premature. This is without prejudice to any future possible challenges to the Court's jurisdiction and/or admissibility of any particular case.

Decision on Israel's challenge to the jurisdiction of the Court pursuant to article 19(2) of the Rome Statute (https://apo-opa.co/4i2p05M)

The Chamber also rejected Israel's request under article 18(1) of the Statute. The Chamber recalled that the Prosecution notified Israel of the initiation of an investigation in 2021. At that time, despite a clarification request by the Prosecution, Israel elected not to pursue any request for deferral of the investigation. Further, the Chamber considered that the parameters of the investigation in the situation have remained the same and, as a consequence, no new notification to the State of Israel was required. In light of this, the judges found that there was no reason to halt the consideration of the applications for warrants of arrest.

Decision on Israel's request for an order to the Prosecution to give an Article 18(1) notice (https://apo-opa.co/40Y6DsN)

Warrants of arrest

The Chamber issued warrants of arrest for two individuals, Mr Benjamin Netanyahu and Mr Yoav Gallant, for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest.

The arrest warrants are classified as ‘secret', in order to protect witnesses and to safeguard the conduct of the investigations. However, the Chamber decided to release the information below since conduct similar to that addressed in the warrant of arrest appears to be ongoing. Moreover, the Chamber considers it to be in the interest of victims and their families that they are made aware of the warrants' existence.

At the outset, the Chamber considered that the alleged conduct of Mr Netanyahu and Mr Gallant falls within the jurisdiction of the Court. The Chamber recalled that, in a previous composition, it already decided that the Court's jurisdiction in the situation extended to Gaza and the West Bank, including East Jerusalem. Furthermore, the Chamber declined to use its discretionary proprio motu powers to determine the admissibility of the two cases at this stage. This is without prejudice to any determination as to the jurisdiction and admissibility of the cases at a later stage.

With regard to the crimes, the Chamber found reasonable grounds to believe that Mr Netanyahu, born on 21 October 1949, Prime Minister of Israel at the time of the relevant conduct, and Mr Gallant, born on 8 November 1958, Minister of Defence of Israel at the time of the alleged conduct, each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.

The Chamber also found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.

Alleged crimes

The Chamber found reasonable grounds to believe that during the relevant time, international humanitarian law related to international armed conflict between Israel and Palestine applied. This is because they are two High Contracting Parties to the 1949 Geneva Conventions and because Israel occupies at least parts of Palestine. The Chamber also found that the law related to non-international armed conflict applied to the fighting between Israel and Hamas. The Chamber found that the alleged conduct of Mr Netanyahu and Mr Gallant concerned the activities of Israeli government bodies and the armed forces against the civilian population in Palestine, more specifically civilians in Gaza. It therefore concerned the relationship between two parties to an international armed conflict, as well as the relationship between an occupying power and the population in occupied territory. For these reasons, with regards to war crimes, the Chamber found it appropriate to issue the arrest warrants pursuant to the law of international armed conflict. The Chamber also found that the alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.

The Chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024. This finding is based on the role of Mr Netanyahu and Mr Gallant in impeding humanitarian aid in violation of international humanitarian law and their failure to facilitate relief by all means at its disposal. The Chamber found that their conduct led to the disruption of the ability of humanitarian organisations to provide food and other essential goods to the population in need in Gaza. The aforementioned restrictions together with cutting off electricity and reducing fuel supply also had a severe impact on the availability of water in Gaza and the ability of hospitals to provide medical care.

The Chamber also noted that decisions allowing or increasing humanitarian assistance into Gaza were often conditional. They were not made to fulfil Israel's obligations under international humanitarian law or to ensure that the civilian population in Gaza would be adequately supplied with goods in need. In fact, they were a response to the pressure of the international community or requests by the United States of America. In any event, the increases in humanitarian assistance were not sufficient to improve the population's access to essential goods.

Furthermore, the Chamber found reasonable grounds to believe that no clear military need or other justification under international humanitarian law could be identified for the restrictions placed on access for humanitarian relief operations. Despite warnings and appeals made by, inter alia, the UN Security Council, UN Secretary General, States, and governmental and civil society organisations about the humanitarian situation in Gaza, only minimal humanitarian assistance was authorised. In this regard, the Chamber considered the prolonged period of deprivation and Mr Netanyahu's statement connecting the halt in the essential goods and humanitarian aid with the goals of war.

The Chamber therefore found reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility for the war crime of starvation as a method of warfare.

The Chamber found that there are reasonable grounds to believe that the lack of food, water, electricity and fuel, and specific medical supplies, created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, which resulted in the death of civilians, including children due to malnutrition and dehydration. On the basis of material presented by the Prosecution covering the period until 20 May 2024, the Chamber could not determine that all elements of the crime against humanity of extermination were met. However, the Chamber did find that there are reasonable grounds to believe that the crime against humanity of murder was committed in relation to these victims.

In addition, by intentionally limiting or preventing medical supplies and medicine from getting into Gaza, in particular anaesthetics and anaesthesia machines, the two individuals are also responsible for inflicting great suffering by means of inhumane acts on persons in need of treatment. Doctors were forced to operate on wounded persons and carry out amputations, including on children, without anaesthetics, and/or were forced to use inadequate and unsafe means to sedate patients, causing these persons extreme pain and suffering. This amounts to the crime against humanity of other inhumane acts.

The Chamber also found reasonable grounds to believe that the abovementioned conduct deprived a significant portion of the civilian population in Gaza of their fundamental rights, including the rights to life and health, and that the population was targeted based on political and/or national grounds. It therefore found that the crime against humanity of persecution was committed.

Finally, the Chamber assessed that there are reasonable grounds to believe that Mr Netanyahu and Mr Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza. In this regard, the Chamber found that the material provided by the Prosecution only allowed it to make findings on two incidents that qualified as attacks that were intentionally directed against civilians. Reasonable grounds to believe exist that Mr Netanyahu and Mr Gallant, despite having measures available to them to prevent or repress the commission of crimes or ensure the submittal of the matter to the competent authorities, failed to do so.

Background

On 1 January 2015, The State of Palestine lodged a declaration under article 12(3) of the Rome Statute accepting jurisdiction of the Court since 13 June 2014.

On 2 January 2015, The State of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for The State of Palestine on 1 April 2015.

On 22 May 2018, pursuant to articles 13(a) and 14 of the Rome Statute, The State of Palestine referred to the Prosecutor the Situation since 13 June 2014, with no end date. 

On 3 March 2021, the Prosecutor announced the opening of the investigation into the Situation in the State of Palestine. This followed Pre-Trial Chamber I's decision (https://apo-opa.co/4fYvUHo) on 5 February 2021 that the Court could exercise its criminal jurisdiction in the Situation and, by majority, that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem. 

On 17 November 2023, the Office of the Prosecutor received a further referral of the Situation in the State of Palestine, from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, and on 18 January 2024, the Republic of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with respect to the situation in The State of Palestine.

Distributed by APO Group on behalf of International Criminal Court (ICC).

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int

You can also follow the Court's activities on Twitter (https://apo-opa.co/3CE1oV7), Facebook (https://apo-opa.co/4fUFF9J), Tumblr (https://apo-opa.co/40ZF16K), YouTube (https://apo-opa.co/3OnCATX), Instagram (https://apo-opa.co/4g1UEyR) and Flickr https://apo-opa.co/3CHEUT9).

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Read moreICC Pre-trial Chamber I Rejects the State of Israel’s Challenges to Jurisdiction and Issues Warrants of Arrest for Benjamin Netanyahu and Yoav Gallant

Government activities for the week 18 – 22 November 2024

Location: News

Government activities for the week 18 - 22 November 2024

On Monday, 18 November, the Human Sciences Research Council will release and hand over the First South African National Gender-Based Violence Study, 2022 to Minister Sindisiwe Chikunga.

On Tuesday, 19 November, the Department of Public Works and Infrastructure, in collaboration with the South African Police Service and the Construction Industry Development Board, will host the National Construction Summit on Crime-Free Construction Sites at the Durban International Convention Centre.

On Wednesday, 20 November, the Commission for Gender Equality summons KwaZulu-Natal Criminal Justice Cluster departments to account on their responses to gender-based violence cases from 20-22 November 2024.

 

 

Neo
Mon, 11/18/2024 - 11:36

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Read moreGovernment activities for the week 18 – 22 November 2024

Government activities for the week 11 – 15 November 2024

Location: News

Government activities for the week 11 - 15 November 2024

On Monday, 11 November, the Department of Basic Education has invited members of the media to the Partnerships for Education Business Breakfast, hosted by the Minister of Basic Education Siviwe Gwarube at Wanderers Club, 21 North Street, Illovo, Johannesburg.

Also on Monday, the Minister of Mineral and Petroleum Resources Minister Gwede Mantashe will deliver a keynote address at the Mintek 90 Conference to be held at the Sandton Convention Centre on 11 and 12 November 2024.

On Tuesday, 12 November, Statistics South Africa will release the Quarterly Labour Force Survey results for the third quarter of 2024 at a media briefing in Tshwane.

On Wednesday, 13 November, the 2024 Border Management Conference and Expo takes place and the CSIR International Convention Centre, Pretoria.

On Thursday, 14 November and on Friday, 15 November, there are no confirmed events.

 

Janine
Mon, 11/11/2024 - 10:40

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Read moreGovernment activities for the week 11 – 15 November 2024

Riverlands dam owner directed to decommission failed dams

Location: News

Riverlands dam owner directed to decommission failed dams

The Department of Water and Sanitation has issued a directive to the current owner of the Riverlands dams to safely decommission the failed dams.

Reflecting on the Ministry’s performance during its first 100 days in office at a media briefing held in Pretoria on Tuesday, Water and Sanitation Minister, Pemmy Majodima, said a series of inter-linked, privately-owned dams failed on a farm near the town of Riverlands in the Swartland Local Municipality, Western Cape--during the 100 days--causing extensive damage to municipal infrastructure and houses in the town.

She said the Ministry visited the site of the dam failures, met with the community, and oversaw an investigation into the failures.

“The preliminary investigation report found that the original owner of the farm who built the dams failed to obtain the legally required approval from the department for the design of the dams, and that subsequent owners failed to register the dams with the department as required by the National Water Act.

“As a result, the dams were not regularly inspected, and signs of imminent failure were not identified timeously. Following the release of the investigation report, the department issued a directive to the current owner of the dams to safely decommission the failed dams,” Majodina said.

She said that further investigations are underway to determine liability for the damages caused by the dam failures.

READ | Riverlands report shows failure in meeting dam safety standards 

The incident, which occurred on 08 August 2024, saw the failure of three farm dams that breached, resulting in flooding which caused severe property and infrastructure damage to the affected area, leading to hundreds of people being provided with humanitarian assistance.

Jagersfontein Tailing Dam report submitted to NPA

Majodina also reported that the report into the Jaggersfontein Tailing Dam in the Free State has been submitted to the National Prosecuting Authority (NPA) following the laying of criminal charges against the dam owners by the department in 2022.

During the 100 days, the department completed its comprehensive technical investigation into the 2022 failure of the Jagersfontein Tailings Dam, which resulted in three deaths and one person declared as missing, as well as extensive damage to public and private property.

“The report has been submitted to the National Prosecuting Authority following the laying of criminal charges against the dam owners by the department during 2022.

“During the 100 days, a Request for Expressions of Interest issued by the department for proposals to develop tourism and recreation related to the department’s dams was finalised and the 300 applications which were received are currently being processed,” Majodina said.

READ | Mashatile encouraged by progress made in Jagersfontein

Launch of phase one of Hammanskraal water project

Meanwhile, Majodina said the department will launch Phase One of the Hammanskraal water project on Saturday, 16 November 2024.

The project includes the provision of an additional 12.5 megalitres of water.

The Ministry visited Hammanskraal on 24 August 2024 to oversee a R750 million project  which the department is implementing through the Magalies Water Board to enable the provision of clean drinking water.

“The project involves the construction of additional water treatment capacity at the Magalies Water Treatment Works near Hammanskraal. The Ministry also carried out a site inspection of the Rooiwal Waste Water Treatment Works to review the progress of the municipality’s project to refurbish the works,” Majodina explained.

Special purpose vehicle 

The Minister further reported that a Special Purpose Vehicle by the Rand Water Board and the Emfuleni Local Municipality is in the process of being established.

This follows an oversight visit by the department to Emfuleni Local Municipality in Gauteng on 25 August 2024, where the department, through Rand Water, is implementing a R7.5 billion intervention in terms of Section 63 of the Water Services Act to address sewage pollution from the municipality’s waste water treatment systems.

As a result of the intervention, a number and frequency of sewage spillages into the streets and peoples’ homes has been significantly reduced.

She said work is underway to completely eradicate sewage pollution in the municipality.

“A Special Purpose Vehicle by the Rand Water Board and the Emfuleni Local Municipality is in the process of being established. It will be launched once all the legal requirements have been fulfilled which include the approval by the National Treasury.” – SAnews.gov.za

GabiK
Tue, 11/05/2024 - 14:17

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Read moreRiverlands dam owner directed to decommission failed dams