regulations
5 September 2007
The South African Council for the Non-Proliferation of Weapons of Mass
Destruction welcomes the outcome of the investigation into contraventions of
the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of
1993) and the Nuclear Energy Act, 1999 (Act No. 46 of 1999), which has led to
the conviction of Mr Gerhard Wisser on 4 September 2007. These investigations
have also taken place in the context of the illicit network through which
certain countries were provided with nuclear technology through, among other,
networks established in a large number of countries, as well as the information
obtained following Libya's announcement of the abandonment of its nuclear
weapons programme.
In the context of these investigations, the South African authorities have
closely co-operated with their counterparts in other countries as well as with
the International Atomic Energy Agency (IAEA). We wish to thank the IAEA and
all relevant institutions and individuals that have contributed to bringing the
case against Mr Wisser to a close.
As one of the first successful cases against those involved in the so-called
AQ Khan Network, our experience have illustrated the value of the IAEA and of
effective information-sharing that has allowed us to identify individuals or
entities involved in such illicit activities with a view to prevent, combat and
eradicate this illicit trade.
The Council notes that the case against the remaining accused, Mr Daniel
Geiges, continues and that this case has been postponed until 21 September
2007.
Further efforts, in close co-operation with the IAEA, are required by the
countries affected by the illicit network, if we are to achieve the successful
prosecution of all the major actors involved in these global illicit
networks.
Details of the charges and the conviction on those charges:
S v Gerhard Wisser
On 4 September 2007, the above accused entered into a Plea & Sentence
Agreement with the State and as a consequence, was convicted of seven counts
which were in one way or the other connected to the activities of the AQ Khan
network and its procurement efforts for Libya and Pakistan.
The accused pleaded guilty to the following charges linked to the Libyan
nuclear weapons programme:
1. Count 1: The import and export of a flow-forming machine between November
2000 and December 2001
2. Count 2: The manufacture of systems for the Libyan gas centrifuge plant
between 1999 and 2003
3. Count 4: An attempt to export the systems referred to in Count 2 in
2003.
The accused pleaded guilty to the following charges relating to the
Pakistani nuclear weapons programme:
1. Count 7: The manufacture of three autoclaves in 1994/1995.
2. Count 8: The export of the autoclaves in 1995.
3. Count 9: Forgery of an order form in order to acquire Leybold Heraeus vacuum
equipment in May 1995.
4. Count 10: Forgery of order forms also to acquire Leybold Heraeus equipment
in July 1995.
The accused was sentenced as follows:
1. Counts 1, 3 and 4: Three yearsâ correctional supervision and 10 yearsâ
imprisonment, suspended for five years on appropriate conditions.
2. Counts 7 & 8: Five yearsâ imprisonment, suspended for five years on
appropriate conditions.
3. Counts 9 & 10: Three yearsâ imprisonment, suspended for five years on
appropriate conditions.
The accused is required to cooperate with the authorities and has also
consented to a confiscatory order in respect of Euro 2.8 million and R6 million
as being the proceeds of crime.
Issued by: Department of Foreign Affairs for the South African Council for
the Non-Proliferation of Weapons of Mass Destruction
5 September 2007
