Report of the Select Committee on Security and Constitutional Affairs on the United Nations Convention against Transnational Organised Crime, dated 19 November 2003:

The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the United Nations Convention against Transnational Organised Crime, referred to it, recommends that the Council -

1....... approve the said Convention in terms of section 231(2) of the Constitution;

2....... confirm that the Director-General of the Department of Justice and Constitutional Development, to whom foreign requests for assistance in terms of section 7 of the International Co-operation in Criminal Matters Act, 1996 (Act No. 75 of 1996), is submitted, be designated as the South African Central Authority to receive requests for mutual legal assistance in terms of article 18(13) of the Convention. In addition, approve that requests shall be made in the English language as provided for in article 18(14) of the Convention; and

3....... approve that the Republic of South Africa, in line with her previous position, when ratifying United Nations multilateral treaties, enter a reservation against the compulsory jurisdiction of the International Court of Justice (ICJ) with regard to settlement of disputes arising out of the interpretation or application of the Convention as provided for in article 35(3) of the Convention. The Republic of South Africa does not recognise the compulsory jurisdiction of the ICJ as provided for in article 36 of the Statute of the ICJ.
The reservation, in line with our previous position stated above, has been formulated as follows:

"Pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of article 35(2) of the Convention which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Convention. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case.".

Report to be considered.