Country Reports on Terrorism 2016 - South Africa

Overview: Following the September 2013 Westgate Mall attack in Kenya, the South African Police Service (SAPS) began engaging with U.S. law enforcement agencies to advance its preparedness for similar terrorist attacks in South Africa. U.S.-South African counterterrorism cooperation improved in several areas in 2016. U.S. law enforcement agencies engaged in productive collaboration with the Crimes Against the State (CATS) unit within the SAPS Directorate for Priority Crime Investigation (DPCI) and with the SAPS Crime Intelligence Division (SAPS CI). U.S. and South African agencies shared best practices to enhance risk management efforts and better identify challenges at their borders.

In November 2016, the South African government publicly stated that ISIS had been using South Africa as a "logistics hub and hideout" and that the government had identified the presence of foreign militant "sleeper cells" in its territory. The South African government has not publicly provided estimates of the number of South African nationals who have immigrated or returned from ISIS-controlled territories. A reputable South African-based research institute, the Institute for Security Studies, stated that South Africa serves as a "transit point for terrorists and locations for planning, training, and financing terror organizations."

Legislation, Law Enforcement, and Border Security: In 2016, the law enforcement agencies and judicial system of South Africa used existing legislation to respond to an increased level of terrorism activity. The Protection of Constitutional Democracy Against Terrorist and Related Activities Act (POCDATARA) criminalizes acts of terrorism, financing of terrorism, and sets out specific obligations related to international cooperation. The Regulation of Foreign Military Assistance Act of 1998 applies to nationals who attempt to join ISIS or have enlisted with ISIS. The SAPS CI, CATS, DPCI, and the South Africa's State Security Agency (SSA) are tasked with detecting, deterring, and preventing acts of terrorism within South Africa. The SAPS Special Task Force is specifically trained and proficient in counterterrorism, counterinsurgency, and hostage rescue. The National Prosecuting Authority (NPA) is committed to prosecuting cases of terrorism and international crime. The South African Revenue Service (SARS) protects South African borders from illegal importation and exportation of goods.

Securing the borders of South Africa is a particular challenge as there are numerous opportunities for international transit via land, sea, and air. South Africa has multiple law enforcement agencies policing its borders, but they are often stove-piped and inadequate communication limits their border control ability. Counterterrorism measures at the international airports include screening with advanced technology x-ray machines, but land borders do not have advanced technology and infrastructure. Trafficking networks make use of these land borders for many forms of illicit smuggling.

Citizens of neighboring countries are not required to obtain visas for brief visits. Regulation of visa, passport, and identity documents remains a challenge. The SAPS internal affairs office investigated allegations of corruption within the Department of Home Affairs concerning the sale of passports and identity documents, but the use of illegitimately obtained identity documents continued.

In July 2016, twin brothers Brandon-Lee and Tony-Lee Thulsie were arrested for planning to attack the U.S. Embassy and Jewish institutions in South Africa. They were charged with three counts of contravening the POCDATARA. Siblings Ebrahim and Fatima Patel were arrested the same day on separate charges for links to ISIS. The Thulsie case is an important test of the POCDATARA and interagency cooperation. As of December 2016, both cases were ongoing.

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. South Africa's financial intelligence unit, the Financial Intelligence Centre (FIC), is a member of the Egmont Group of Financial Intelligence Units. Since FATF published its mutual evaluation report on South Africa in 2008, the country's legal and institutional framework for terrorist financing issues have improved, including improved bank supervision capacity and criminalization of money laundering and terrorist financing activities. More recently, the FIC Act Amendment Bill of 2015 proposed amendments to the act governing the FIC's responsibilities that will further address "threats to the stability of South Africa's financial system posed by money laundering and terrorist financing." Among the amendments, the bill assigns responsibility to the FIC to freeze the assets of persons on UN sanctions lists; however, the bill had not been signed by the end of 2016.

For further information on money laundering and financial crimes, see the 2017 International Narcotics Control Strategy Report (INCSR), Volume II, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Countering Violent Extremism: The Government of South Africa does not have a Countering Violent Extremism National Action Plan and its efforts in this area have not been publicly released. South Africa approved implementation of new policies outlined in the 2016 White Paper on Safety and Security. Policies included an integrated approach to preventing violence and crime through information and intelligence-based policing. The goal is to enhance visible policing and public participation. Both SAPS and Metropolitan Police are involved in community policing; community-based policing efforts were enhanced in 2016.

International and Regional Cooperation: South Africa is a member of the African Union, the Global Counterterrorism Forum, and the Southern African Development Corporation.