Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993)

2. Determination of policy

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(1)Subject to subsection (2), the Minister may, by notice in the Gazette, determine the general policy to be followed with a view to—
(a)the institution of measures and the taking of initiatives to prevent the proliferation and development of weapons of mass destruction;
(b)the encouragement of bilateral and multilateral efforts to eliminate weapons of mass destruction;
(c)the promotion of free trade with the international community and the minimization of government intervention therein;
(d)the imposition of a prohibition, whether for offensive or defensive purposes, on the development, production, acquisition, stockpiling, maintenance or transit of any weapon of mass destruction;
(e)control of the use, transit or export of dual-purpose capabilities;
(f)the imposition of a prohibition on all nuclear explosions and tests;
(g)the discouragement of other states to proceed with nuclear explosions and tests;
(h)the retention of the right of the Republic to the development, maintenance and promotion of—
(i)defensive capabilities;
(ii)conventional military capabilities which are not dependent upon any toxic, infective or nuclear effects as a means of warfare;
(iii)capabilities necessary for domestic law enforcement and riot control;
(iv)capabilities in respect of industry, agriculture, research, medicine, pharmaceutical industry and other peaceful purposes.

 

(2)The policy contemplated in subsection (1) shall be determined by the Minister after consultation with the Council and with the concurrence of—
(a)each Minister charged with the administration of any law which in the opinion of the Minister relates to non-proliferation; and
(b)the Minister of Finance.

 

(3)Subject to subsection (2), the Minister may at any time, by like notice substitute, withdraw or amend the policy determined in terms of subsection (1).