By Pingla Udit
Following South Africa’s transition from apartheid to democracy in 1994, there was an exodus of trained security personnel from the South African Defence Force and other arms of the security forces.
Historically, former SADF members turned into mercenaries and offered their services as soldiers of fortune in a slew of conflicts in Africa and other international war zones. Working under the auspices of private sector military companies, the soldiers of fortune were recruited to work in various operational capacities in conflict zones.
In response to the mercenary activities involving its citizens, the South African government promulgated the Regulation of Foreign Military Assistance Act 15 of 1998 (FMAA), with the intention to regulate the rendering of foreign military assistance by South African juristic persons, citizens, persons permanently resident within the republic and foreign citizens rendering such assistance from within the borders of the republic; and to provide for matters connected therewith.
Under the FMAA, “armed conflict” includes any armed conflict between the armed forces of foreign states; the armed forces of a foreign state and dissident armed forces or other armed groups; or armed groups.
Section 1(b) reads: “Security services for the protection of individuals involved in armed conflict or their property.”
The National Convention Arms Control Committee was constituted on August 18, 1995, “to ensure adherence to international treaties and agreements; to ensure proper accountability in the trade in conventional arms and provides for extra-territorial application”.
The Department of International Relations and Co-operation’s statement on December 18, 2023, said that with regard to “extra-territorial application”, South African nationals were to avoid joining foreign armed forces that might contribute to the violation of domestic and international law.
“Any person wishing to render foreign military assistance in Israel must first apply to the National Conventional Arms Control Committee which will make a recommendation to the Ministry of Defence and Military Veterans that such an application be granted or refused,” it said.
There have been many accounts of former SADF operatives working in international conflicts in Iraq, Afghanistan, West Africa and Central Africa and of South Africans who fought for the Israeli military in the Gaza conflict.
The Priority Crimes Litigation Unit in the National Prosecuting Authority was established “to guide investigations and prosecutions of specific crimes and offences of national and international security concern”. This includes significant legislation such as the Transgression of the FMAA.
In the past 30 years, South Africa has become a porous terrain for organised criminal activity such as white-collar crime, cybercrime, money laundering and criminal syndicates.
Transnational drug trafficking and human trafficking are some of the challenges for the Government of National Unity (GNU) in 2024. In this respect, the GNU will have to place the security of the country above party and political interests. There needs to be a reappraisal of the entire focus of the security cluster to ensure co-ordination and integration with functions in the government that impact national security.
What are the internal threats to the rule of law from the domestic security industry? It begs the question of whether former mercenaries are bringing their activity back home.
The Private Security Industry Regulatory Authority (Psira) mandate from Act 56 of 2001 is to “regulate the private security industry and to exercise effective control over the service over the private security industry in the practice and occupation of the security service provider in the public and national interest and in the private security industry itself”.
Psira provides a clearance certificate to ensure compliance of “infrastructure and capacity necessary to render a security service”. The basic thing is protecting property that is privatised and protecting the person.
In relation to public order protection and private order protection, where does military training fit in?
The Milites Dei (Soldiers of God) Academy offers a “special force and military style” training programme “if you want to join the French Foreign Legion or another foreign army”. The academy is registered with Psira, B-BBE procurement level 4. The acquired qualifications are said to be accredited to Psira and the Safety and Security Sector Education and Training Authority.
The case of providing training for 95 Libyan nationals in White River, Mpumalanga, is problematic as the province is next to Mozambique, where the cross-border flow of arms prevails.
The lack of effective oversight by Psira when a “military training facility” goes unchecked poses a security threat not just to domestic security but also to regional stability. The bigger question is whether there is training for other countries in Africa. While skilling people from the Continent, do they require military precision to safeguard private property and people?
An interesting angle, in the Libyan context, is that “fuel supplies benefiting the Rapid Support Forces remain the refined oil products smuggled from southern Libya to Darfur by militias affiliated with General Khalifa Haftar’s Libyan Armed Forces”.
The United Arab Emirates supports the Rapid Support Forces in Sudan through the mining and smuggling of gold, according to reports. Or is it a lack of political stability in Libya that a “private military army” is being developed, given the militia count in Libya?
Most importantly, the failure of functional co-ordination between the relevant authorities in the issuance of visas of many Libyan nationals all applying for visas, from a country in conflict, at the same time, should have raised an alert. This led to visas being obtained through deception.
The transgression of the regulations of the FMAA and UN sanctions against Libya should have been a caveat. In addition, Psira’s lack of understanding of international law in its oversight role complicates matters further. The Libyan episode once again foregrounds the collapse of the proactive capacity of the security cluster to pre-empt such incidents.
The 95 Libyan nationals appeared in the White River Magistrates Court, Mpumalanga, on July 29. They are charged with making misrepresentations in their applications for their visas.
The matter was postponed as there was an issue of a language barrier. This raises questions about the language of instruction in the training. Many contradictions befall the matter.
This is an unfolding situation and the GNU needs to be vigilant to protect the territorial integrity of the country. The lack of effective checks and balances is resulting in the security of the country being compromised.
The proposed National Dialogue should map a new vision for security.
* Dr Pingla Udit is a political sociologist.
** The views expressed in this article are the writer’s and do not necessarily reflect the views of IOL or Independent Media