South Africa Plans to Ban SA Soldiers from joining Foreign Armys

South Africa Plans to Ban SA Soldiers from joining Foreign Armys - In an attempt to crack down on mercenaries activities among former members of the South Africa Army parliament moves to ban former soldiers from joining other military operations [South African mercenary Nick du Toit on trial in Equatorial Guinea in the photo to the left].

This Legislation is actually more thorough than we once thought. We couldn’t believe the article published in Euobeserver.com. The story read:

South African mercenary law could hit EU workers
08.11.2005 - 17:35 CET By Andrew Rettman
EUOBSERVER / BRUSSELS - European contractors involved in reconstruction or security work in war zones could in future face prosecution if they visit South Africa under a new anti-mercenary law.The draft bill could enter into force as early as January 2006, after Pretoria passed an initial text to parliament for approval on 14 September.Under current wording the legislation applies to "any form of military or military-related assistance...in an area of armed conflict" including "financial, logistical, intelligence or operational support, personnel recruitment, medical or paramedical services or procurement of equipment".Rather like the International Court of Justice in the Hague, the bill purports to cover the whole world."If a British managing director [Tim Spicer in the photo to the right] takes a contract for reconstruction in Iraq, which South Africa has classified as a war zone, and then goes on holiday to Cape Town, he is liable to be arrested, even though this is legal under UK and Iraqi law," Andy Bearpark, director of the British Association of Private Security Companies (BAPSC) told EUobserver.

EU takes interestCommission officials are currently following the passage of the bill through the South African parliament in the hope it might be watered down along the way."We are interested to see what developments take place in this field, but there is no official commission position at this stage," a Brussels insider indicated."Some people argue that private companies working for the US in Afghanistan or Iraq could fall under this," he added. Commission staff briefed the EU delegation that met with South African foreign minister Nkosazan Dlamini Zuma in Brussels on Monday (7 November) on the subject in case the issue came up.But the African VIPs did not raise the topic, the contact said.The EU is working on an updated version of the 2000 Trade, Development and Co-operation Agreement (TDCA) with Pretoria, which might also include a new clause on better control of mercenary activity in Africa.

Security firms stress aid angleSecurity analysts and lobbyists say the draft South African bill might interfere with international aid efforts and discourage South African professionals from working in the sector."South Africans have a very good reputation in flying humanitarian aid planes," Mr Bearpark said.Taking out aid and reconstruction, the private security sector is worth an estimated €250 million a year in South Africa and €1.4 billion worldwide, according to a recent Sunday Times article. US and UK firms dominate the scene, which has seen fast growth since the invasion of Iraq in March 2003 and the emergence of a new corporate culture. The South African bill was originally drawn up in response to the failed Equatorial Guinea coup plot involving South African mercenaries in March 2004.But analysts say the legislation is rooted in the South African ruling party, the African National Congress' anti-Iraq war sentiment as well as uneasiness over a tradition of militarised white groups in the post-apartheid country.


Well, we couldn’t have said it better ourselves. The mercenary business is very lucrative and further affirms our contention that they are a major threat to African solidarity. We'll be watching to see how the African Union responses to the “watering down” of this legislation.

According to Global Issues Gateway:
This law, referred to as the "Regulation of Foreign Military Assistance Act;" Act No. 15 of 1998, is so broad that many of the estimated 4,000 South Africans currently in Iraq, whether engaged with private security operations or even rendering humanitarian assistance, may find themselves in contravention of the Act and subject to prosecution when they return home. The penalties are severe. Contraventions of the Act may incur a fine of up to R1,000,000, ten years imprisonment, or both. In addition, South African courts are empowered to confiscate any military equipment, arms, ammunition, vehicles, boats, planes, or any other property used in mercenary activities from convicted offenders. The law applies equally to South African citizens and those who reside in the country but who are not citizens. The Preamble to the Act is drawn from section 198[b] of the Constitution of the Republic of South Africa which stipulates that
... the resolve to live in peace and harmony precludes any South African citizen [or resident] from participating in armed conflict, nationally or internationally, except as provided for in the Constitution or national legislation. In order to implement aspects of this provision and in the interest of promoting and protecting human rights and fundamental freedoms, universally, it is necessary to regulate the rendering of foreign military assistance by South African juristic persons, citizens, persons permanently resident in the Republic and foreign citizens who render such assistance from within the borders of the Republic.
The law specifically prohibits persons under its jurisdiction from participation in the armed forces of foreign states, the armed forces of a foreign state and dissident armed or other armed groups, or any foreign military assistance. This is broadly meant as military assistance to a party to the armed conflict by means of advice and training, personnel, financial, logistical, intelligence or operational support, personnel recruitment, the provision of medical and para-medical services, and the procurement of military-related equipment and material.

The "Regulation of Foreign Military Assistance Act" further prohibits the provision of security services for the protection of individuals involved in armed conflict or their property - and any action aimed at overthrowing a government or undermining the constitutional order, sovereignty or territorial integrity of a state. Given the South African government's strong opposition, in conjunction with most other countries in the world to the American-led war in Iraq , private security contractors and trainers who are residents of this country may well find themselves in hot water in terms of the section of the law that deals with the provision of security and training. The rendering of humanitarian assistance to other countries may only be affected with government approval. The Act succinctly defines mercenary activity as "direct participation as a combatant in armed conflict for private gain."

In terms of the criteria specified for the authorisation of military assistance to a foreign government, this would not be granted if it were found that such assistance was "... in conflict with the Republic's obligations in respect of international law, or result in the infringement of human rights and fundamental freedoms in the territory in which the foreign assistance is to be rendered. Nor would any activity receive government sanction if it would endanger the peace by introducing destabilising military capabilities into the region where the assistance is to be, or is likely to be, rendered or would otherwise contribute to regional instability and would negatively influence the balance of power in such region." This includes the specific prohibition on the support or encouragement of terrorism, the contribution to the escalation of regional conflicts, or any action that is prejudicial to the Republic's national or international interests.

South Africa has a long and diverse history of interfering militarily in the affairs of other African states as a result of official government policies to destabilise the "front-line" countries of Zimbabwe , Botswana , Angola , Zambia , Swaziland , Mozambique , and Lesotho during the apartheid era. During this period, South Africa , with the possible exception of Egypt and, to a lesser extent Nigeria , was the dominant military power on the continent, and the only military power that had a tactical nuclear potential. White South African society was also very highly militarized and in the 1980s it was estimated that a full call-up of its total forces of regular troops, conscripts, commandos, and army reserves would total some 500,000 men and women. All white males were subject to conscription [known as "the draft"] into either the army, navy, air force, or police upon reaching the age of 18.

Beginning with the independence of the Belgian Congo in 1960, renamed Zaire , now the Democratic Republic of Congo [DRC], South African and European mercenaries, mainly French and British, have operated in many countries in Africa with almost complete impunity. These include Angola , Sierra Leone , Zimbabwe , and the Seychelles . Because of the thousands of men with military experience, especially those with combat experience, this country is seen as a fertile recruiting ground for these military-related activities - and it is in this context that the tough measures taken by the South African Parliament to curb the extra-legal activities of mercenaries must be seen and understood.

Other countries do employ foreign forces that could, by definition, technically be held to be mercenary. However, these are normally incorporated into the host country's armed forces infrastructure and chain of command. Their legitimacy is rarely raised as an issue and the historical relationship is generally one of mutual and shared interests. The most famous of these would be the legendary French Foreign Legion which is French-officered, but largely comprises foreign nationals from all over the world. Next to the Legion would be the renowned British Gurkha Battalions from Nepal . The Papal Guard of the Vatican consists of Swiss volunteers and has been for hundreds of years.

Finally, if South Africa has been responsible for letting "the dogs of war" out, it is certainly doing everything in its power to rein them in and to get them out of circulation one way or another. It is, in retrospect, clear that South African authorities knew of the attempted coup plot well in advance but declined to take action until the plane left South African airspace. Though somewhat conjectural on the part of the authors, it seems that a high-level decision was taken to let the mercenaries proceed and land in Harare , alert Zimbabwe to the actual purpose of the flight, then let that country arrest and detain the individuals and subject them to their own justice system, as a deterrent to others. This sends a very clear and powerful message to South Africans, especially those attracted to, or in the business of recruiting mercenaries: The risk-cost benefit analysis is not worth the penalties incurred if caught. And for those South Africans imprisoned in Chikurubi, and the Black Beach prison in Equatorial Guinea , there will be plenty of time to reflect on their stupidity for getting involved in such a half-baked venture in the first place.

Reference:No. 15 of 1998: Regulation of Foreign Military Assistance Act, 1998. Republic of South Africa Government Gazette, Vol. 395, No. 18912, Cape Town [available at: http://projects.sipri.se/expcon/natexpcon/SAfrica/formilass.htm]

Guardian Newspapers, August [2004]: Mercenary Mann faces 10 years jail over coup attempt linked to Mark Thatcher.[available at: http://www.buzzle.com/editorials/text8-28-2004-58537.asp]