SA cautions on releasing Libyan assets

Pretoria - The South African government has clarified its position on
the proposed resolution at the UN Security Council to unfreeze $1.5
billion in Libyan assets for urgent humanitarian needs.

Led by the United States, a draft resolution has been circulated at the
UNSC, which will require a vote to unfreeze the assets, and in so doing,
circumvent the sanctions committee on Libya that would have required the
consent of all 15 council members.

South Africa has indicated its reluctance is based purely on the
question of who the legitimate authority in Libya is at this time.

Pretoria says it does not object to the humanitarian aid but to the
intention to give some of the funds to the National Transitional Council
(NTC), as the body has not been universally recognised as the legitimate
authority in Libya.

International Relations and Cooperation spokesperson, Clayson Monyela,
told a post Cabinet briefing on Thursday that the NTC has not yet been
recognised as the sole, legal representative of the Libyan people.

"The issue we have raised caution on is the releasing or the unfreezing
of the assets to the rebels or the TNC for two reasons.
"[Firstly], the UN itself has not recognised the NTC as the new
government of Libya and therefore, you cannot ask a UN committee to
release funds to a structure that is not recognised. Secondly, the
African Union has not yet pronounced on this ... so there is no
recognition from the UN and there is no recognition from the AU,"
explained Monyela.

He said there are a lot of questions to be asked, such as where the
money is going to and whether the recipients of the money are
accountable, especially to the Libyan people, and whether they have been
mandated by the Libyan people to be able to act on their behalf.

Monyela said South Africa will await for the pronouncement of the AU,
which will be holding an emergency summit on Libya in Ethiopia on Friday
that will decide who is the current legitimate government of Libya.
"The South African government will always approach this matter in
concert with the AU and in the spirit of multilateralism," he said.

Asked who South Africa supports, between the embattled Muammar Gaddafi
and the NTC, Monyela reiterated that the Libyan people must determine
their own future through an inclusive process that will ensure a full
democratisation of all political institutions.

"Everything that happens there must be in line with the will of the
people. They should decide who governs them and how," he said, adding
that South Africa will not be opposing their choice.

A vote on the resolution by the UNSC is expected before the end of the
week.

Given the latest developments, Pretoria still sees the roadmap, crafted
by the AU, as the only logical solution to the woes facing the Libyan
people.

As spelt out in the AU roadmap, the way forward should include the
drafting of a new constitution under the supervision of the transitional
government, and a referendum on the new constitution leading to
democratic elections.
"Then you start the process of stabilising the country, then the
nation's reconciliation, reconstructing the infrastructure and reviving
the economy ...Our hope, as the South African government, is that this
will be an inclusive process, which will have the elements of the NTC
and that of the Gaddafi regime," said Monyela, adding that they can then
begin the process of nation building.
AU leaders, including President Jacob Zuma - who is the leader of the
Ad-Hoc Committee on Libya - will be locked in the summit with several
challenges such as, how they will ensure ownership of a transitional
process to decide on the contentious question of whether they should
recognise the NTC as the government of Libya or not. - BuaNews