South African Council for the Non-Proliferation of Weapons of Mass Destruction

Conviction of Mr G Wisser for contraventions of nuclear control regulations

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.

Issued by:

Ambassador Abdul Samad Minty
Chairperson
The South African Council
for the Non-Proliferation of
Weapons of Mass Destruction

5 September 2007

Note: Attached are 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 years’ correctional supervision and 10 years’ imprisonment, suspended for five years on
appropriate conditions.
2. Counts 7 & 8: Five years’ imprisonment, suspended for five years
on appropriate conditions.
3. Counts 9 & 10: Three years’ 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: courtesy of Department of Foreign Affairs

P/Bag X152
Pretoria
0001

5 September 2007