New mercenary act - DRAFT COPY

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  1. ______________________________________________________________








    REPUBLIC OF SOUTH AFRICA

    PROHIBITION OF MERCENARY ACTIVITY AND PROHIBITION AND REGULATION OF CERTAIN ACTIVITIES IN AN AREA OF ARMED CONFLICT BILL, 2005





    __________________________________

    (As introduced in the National Assembly as a section 75 Bill; explanatory summary of Bill published in Government Gazette No. of )
    (The English text is the official text of the Bill)
    __________________________________


    (MINISTER OF DEFENCE)







    [B - 2005]





    BILL

    PROHIBITION OF MERCENARY ACTIVITY AND PROHIBITION AND REGULATION OF CERTAIN ACTIVITIES IN AN AREA OF ARMED CONFLICT BILL, 2005


    To provide for the prohibition of mercenary activity; to provide for the prohibition and regulation of the rendering or provision of assistance or service of a military, security or other nature in an area of armed conflict; to provide for the prohibition and regulation of the enlistment of South African citizens or permanent residents in foreign armed forces; to provide for the prohibition and regulation of the provision of humanitarian aid in an area of armed conflict; to provide for extra-territorial jurisdiction for the courts of the Republic; to provide for offences and penalties in respect of the above prohibitions; and to provide for matters connected therewith.

    PREAMBLE

    WHEREAS the Constitution of the Republic of South Africa, 1996, provides in section 198(b) that the resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally or internationally, except as provided for in the Constitution or national legislation; and
    WHEREAS it is necessary to prohibit and criminalize mercenary activity in order to give effect to the values in our Constitution and our international obligations; and
    WHEREAS it is further necessary, in order to give effect to the above provision of the Constitution of the Republic of South Africa, 1996, and our international obligations, as well as in the interest of promoting and protecting human rights and fundamental freedoms, universally, to prohibit and regulate the enlistment of South African citizens or permanent residents in foreign armed forces and to prohibit and regulate the rendering or providing of military and related assistance or services and security services, including humanitarian assistance, by South African juristic persons, citizens, persons permanently resident in the Republic and in certain circumstances foreign citizens;

    BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows: –

    1. Definitions and interpretation
    (1) In this Act, unless the context indicates otherwise –
    ‘armed conflict’ includes any armed conflict –
    (a) in a regulated country or area, proclaimed as such in terms of section 6 of this Act;
    (b) in any other country or area which has not been so proclaimed, between-
    (i) the armed forces of a foreign state and dissident or rebel armed forces or other armed groups;
    (ii) the armed forces of foreign states;
    (iii) armed groups in a foreign state;
    (iv) armed forces of any occupying power and dissident or rebel armed forces or any other armed group; or
    (v) any other combination of the entities referred to in subparagraphs (i) to (iv); or
    (c) whether of an internal, international or internationalised nature;
    ‘assistance or service’ includes-
    (a) any form of military or military-related assistance, service or activity;
    (b) any form of assistance, service or activity by means of –
    (i) advice or training;
    (ii) personnel, financial, logistical, intelligence or operational support;
    (iii) personnel recruitment;
    (iv) medical or para-medical services; or
    (v) procurement of equipment; or
    (c) security services;
    ‘Committee’ means the National Conventional Arms Control Committee, established in terms of section 2 of the National Conventional Arms Control Act, 2002 (Act No. 41 of 2002);
    ‘intergovernmental organisation’ means an international organisation established by the governments of states;
    ‘international organisation’ means an international organisation of states, and includes an intergovernmental organisation;
    ‘prescribed’ means prescribed by regulation in terms of section 12;
    ‘register’ means the register referred to in section 8;
    ‘security services’ means one or more of the following services or activities–
    (a) protection or safeguarding of an individual, personnel or property in any manner;
    (b) giving advice on the protection or safeguarding of individuals or property;
    (c) giving advice on the use of security equipment;
    (d) providing a reactive or response service in connection with the safeguarding of persons or property in any manner;
    (e) providing security training or instruction to a security service provider or prospective security service provider;
    (f) installing, servicing or repairing security equipment;
    (g) monitoring signals or transmissions from security equipment;
    (h) making a person or service of a person available, directly or indirectly, for the rendering of any service referred to in (a) to (f); or
    (i) managing, controlling or supervising the rendering of any of the services referred to in paragraphs (a) to (h); and
    ‘this Act’ includes the regulations made in terms of section 12.
    (2) Notwithstanding any provision of this Act or any other law, no act shall for any reason or purpose be considered as assistance or service, as defined in subsection (1), if such act is –
    (a) committed during a struggle waged by peoples in the exercise or furtherance of their legitimate right to –
    (i) national liberation;
    (ii) self-determination;
    (iii) independence against colonialism; or
    (iv) resistance against occupation, aggression or domination by alien or foreign forces; and
    (b) in accordance with the principles of international law, especially international humanitarian law, including the purposes and principles of the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States.

    2. Prohibition of mercenary activity
    No person may within the Republic or elsewhere, directly or indirectly-
    (a) participate as a combatant for private gain in an armed conflict;
    (b) recruit, use, train, support or finance a combatant for private gain in an armed conflict;
    (c) participate in any manner in the initiation, causing or furthering of –
    (i) an armed conflict; or
    (ii) a coup, uprising or rebellion against any government; or
    (d) perform any act or action aimed at overthrowing a government or undermining the constitutional order, sovereignty or territorial integrity of a state.

    3. Prohibition and regulation of rendering or providing certain assistance or services in an area of armed conflict
    No person may within the Republic or elsewhere-
    (a) negotiate or offer to render or provide any assistance or service to a party to an armed conflict, unless he, she or it has been granted authorisation in terms of section 7(2) to negotiate or offer such assistance or service;
    (b) render or provide any assistance or service to a party to an armed conflict, unless he, she or it has been granted authorisation in terms of section 7(2) to render or provide such assistance or service or such assistance or service is rendered or provided in accordance with an agreement or arrangement allowed or approved under an authorisation granted in terms of section 7(2);
    (c) recruit, use, train, support or finance any person to render or provide assistance or service to a party to an armed conflict, unless he, she or it has been granted authorisation in terms of section 7(2) to recruit, use, train, support or finance such person or such person is recruited, used, trained, supported or financed in accordance with an agreement or arrangement allowed or approved under an authorisation granted in terms of section 7(2); or
    (d) perform any other action that has the result of furthering the military interests of a party to an armed conflict, unless he, she or it has been granted authorisation in terms of section 7(2) to perform such action.



    4. Prohibition and regulation of enlistment of South Africans in foreign armed forces
    (1) No South African citizen or permanent resident may enlist with any foreign armed force, including an armed force of any state, unless he or she has been granted authorisation to enlist in terms of section 7(2).
    (2) Any authorisation granted in terms of section 7(2), as contemplated in subsection (1), shall automatically lapse if the person to whom it has been granted, takes part in an armed conflict as a member of such foreign armed force.

    5. Prohibition and regulation of humanitarian assistance in area of armed conflict
    (1) No person may render or provide humanitarian assistance in an armed conflict, unless he, she or it has been granted authorisation to render or provide such assistance in terms of section 7(2).
    (2) The Chairperson of the Committee, after consultation with one other member of the Committee, may grant an interim authorisation, to provide the humanitarian assistance in respect of which an application is made in terms of section 7(2), as contemplated in subsection (1), on such conditions as he or she may deem fit, in order to ensure that humanitarian aid can be rendered or provided, without delay, to relieve the plight of civilians in an area of armed conflict.
    (3) Any application to render humanitarian assistance must be finalized by the Committee within 30 days after receipt thereof or at the first meeting of the Committee, following upon the expiry of such period.
    (4) Any interim authorisation referred to in subsection (2) shall remain valid, until the application is decided by the Committee.

    6. Proclamation of an area of armed conflict as a regulated country or area
    (1) The Committee shall inform Cabinet, whenever it is of the opinion that an armed conflict, as defined in paragraphs (b) and (c) of the definition of “armed conflict” in section 1, exists or is imminent in any country or area in a country and that such country or area should be proclaimed to be a regulated country or area.
    (2) The President, as Head of the National Executive, may, by Proclamation in the Gazette, proclaim a country or area in a country in respect of which the Committee has informed Cabinet, as contemplated in subsection (1), as a regulated country or area.

    7. Application for authorisation
    (1) Any person who wishes to obtain the authorisation referred to in sections 3(a) to (d), 4(1) and 5(1) shall submit to the Committee an application for authorisation in the prescribed form and manner.
    (2) The Committee must consider any application for authorisation submitted in terms of subsection (1), and, subject to section 9, may-
    (a) refuse the application;
    (b) grant the application subject to such conditions as it may determine; and
    (c) at any time withdraw or amend an authorisation so granted.
    (3) No authorisation granted in terms of this section shall be transferable.
    (4) The prescribed fees in respect of an application for authorisation, as contemplated in subsection (1), must be paid, before the Committee makes its decision known.

    8. Register of declarations, authorisations and exemptions
    (1) The Committee shall maintain a register of any –
    (a) authorisation issued by the Committee, in terms of section 7(2);
    (b) proclamation made by the President, in terms of section 6; and
    (c) any exemption granted by the President, in terms of section 13(1).
    (2) The Committee must each quarter submit reports to the National Executive and Parliament with regard to the register.

    9. Criteria
    An authorisation in terms of section 7(2), or an exemption in terms of section 13, may not be made or granted, as the case may be, if it would or could –
    (a) be in conflict with the Republic's obligations in terms of international law;
    (b) result in the infringement of human rights and fundamental freedoms in the territory in which the assistance or service is to be rendered or the exemption granted;
    (c) endanger the peace by introducing destabilising military capabilities or other negative consequences into the region or territory where the assistance or service, or humanitarian aid, is to be, or is likely to be, rendered or provided or would otherwise contribute to regional instability or would negatively influence the balance of power in such region or territory;
    (d) in any manner support or encourage any terrorist activity or terrorist and related activities, as defined in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004);
    (e) contribute to the escalation of regional conflicts or in any manner initiate, cause or further an armed conflict, or a coup, uprising or rebellion against a government;
    (f) prejudice the Republic's national or international interests; or
    (g) be undesirable or unacceptable for any other reason.

    10. Offences and penalties
    (1) Any person who contravenes section 2(a) to (d), 3(a) to (d), 4(1) or 5(1), or fails to comply with a condition determined in respect of an application in terms of section 7(2)(b) or section 13 shall be guilty of an offence, and be liable upon conviction, in the case of a contravention of the provisions of section 4(1), 5(1), 7(2)(b) or 13 to a fine or to imprisonment, or to both such fine and such imprisonment.
    (2) Any person who-
    (a) threatens;
    (b) attempts;
    (c) conspires with any other person; or
    (d) aids, abets, induces, incites, instigates, instructs, commands, counsels, solicits, encourages or procures another person,
    to commit an offence in terms of this Act, is guilty of an offence.
    (3) Any person who is convicted of an offence referred to in subsection (2) is liable to the punishment laid down for the offence which that person threatened, attempted or conspired to commit or aided, abetted, induced, incited, instigated, instructed, commanded, counselled, solicited, encouraged or procured another person to commit.
    (4) A person referred to in section 15(2) who fails to apply for the authorisation within the period referred to in that subsection, and remains so enlisted, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment or to both such fine and such imprisonment.
    (5) The court convicting any person of an offence under this Act may declare any armament, weapon, vehicle, uniform, equipment or other property or object in respect of which the offence was committed or which was used for, in or in connection with the commission of the offence, to be forfeited to the State.

    11. Extra-territorial jurisdiction
    (1) Even if the act alleged to constitute an offence under this Act occurred outside the Republic, a court of the Republic shall, regardless of whether or not the act constitutes an offence at the place of its commission, have jurisdiction in respect of that offence if the person to be charged-
    (a) is a citizen of the Republic;
    (b) is ordinarily resident in the Republic;
    (c) was arrested in the territory of the Republic, or in its territorial waters or on board a ship or aircraft registered or required to be registered in the Republic at the time the offence was committed;
    (d) is a company, incorporated or registered as such under any law, in the Republic; or
    (e) any body of persons, corporate or unincorporated, in the Republic.
    (2) Any act alleged to constitute an offence under this Act and which is committed outside the Republic by a person, other than a person contemplated in subsection (1), shall, regardless of whether or not the act constitutes an offence or not at the place of its commission, be deemed to have been committed also in the Republic if that person is -
    (a) found to be in the Republic; and
    (b) is for one or other reason not extradited by South Africa or if there is no application to extradite that person.
    (3) Any offence committed in a country outside the Republic as contemplated in subsection (1) or (2), is, for the purpose of determining the jurisdiction of a court to try the offence, deemed to have been committed at-
    (a) the place where the accused is ordinarily resident; or
    (b) the accused person's principal place of business.
    (4) Where a person is charged with conspiracy or incitement to commit an offence or as an accessory after the offence, the offence is deemed to have been committed not only at the place where the act was committed, but also at every place where the conspirator, inciter or accessory acted or, in case of an omission, should have acted.

    12. Regulations
    (1) The President as Head of the National Executive, may make regulations relating to-
    (a) any matter which is required or permitted in terms of this Act to be prescribed;
    (b) the criteria to be taken into account in the consideration of an application for an authorisation in terms of section 7(2);
    (c) the maintenance of the register; and
    (d) any other matter which may be expedient or necessary for the application of this Act.
    (2) A regulation may prescribe a penalty of a fine or of imprisonment for a period not exceeding five years, or both a fine and such imprisonment, for any contravention thereof or any failure to comply therewith.

    13. Exemptions
    The President as Head of the National Executive may, subject to section 9, upon request in the prescribed form and manner, exempt any international, intergovernmental or humanitarian aid organisation from the provisions of section 5 of this Act, if such exemption would facilitate the rendering of humanitarian aid, without delay, in respect of a particular event or situation, in order to relieve the plight of civilians in an armed conflict, and subject to such conditions as he or she may determine.

    14. Amendment and repeal of laws
    (1) The Criminal Law Amendment Act, 1997 (Act No. 105 of 1997) is hereby amended by-
    (a) the addition to Part 1 of Schedule 2 of the following item:
    “Any offence referred to in section 2 of the Prohibition of Mercenary Activity and Prohibition and Regulation of Certain Activities in an Area of Armed Conflict Act, 2005.”.
    (b) the addition to Part 2 of Schedule 2, of the following item:

    “Any offence referred to in section 3 of the Prohibition of Mercenary Activity and Prohibition and Regulation of Certain Activities in an Area of Armed Conflict Act, 2005.”.
    (2) The Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), is hereby repealed.

    15. Transitional provisions
    (1) Any authorisation or approval granted in terms of the Act repealed by section 14(2) shall remain in force and effect until withdrawn or as amended or until expiry of the term for which it was granted.
    (2) Any citizen of the Republic or person ordinarily resident in the Republic who, at the time of the commencement of this Act, has already been enlisted in an armed force as prohibited in section 4(1), shall within six months of the commencement of this Act, apply for the authorisation required by section 4(1) of this Act.
    (3) All criminal proceedings which immediately prior to the commencement of this Act were instituted in terms of the provisions of the Regulation of Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), and which proceedings have not been concluded before the commencement of this Act, shall be continued and concluded, in all respects as if this Act had not been passed.
    (4) An investigation, prosecution or any other legal proceeding, in respect of conduct which would have constituted an offence under the Regulation of Foreign Military Assistance Act, 1998, and which occurred after the commencement of that Act but before the commencement of this Act, may be conducted, instituted and continued as if this Act had not been passed.
    (5) Notwithstanding the repeal or amendment of any provision of any law by this Act, such provision shall, for the purpose of the disposal of any criminal proceedings, investigation, prosecution or other legal proceeding contemplated in subsection (3) or (4), remain in force as if such provision had not been repealed or amended.

    16. Short title and commencement
    This Act is called the Prohibition of Mercenary Activity and Prohibition and Regulation of Certain Activities in an Area of Armed Conflict Act, 2005, and shall come into operation on a date determined by the President by proclamation in the Gazette.
     
  2. EXPLANATORY MEMORANDUM
    TO THE
    PROHIBITION OF MERCENARY ACTIVITY AND PROHIBITION AND REGULATION OF CERTAIN ACTIVITIES IN AN AREA OF ARMED CONFLICT BILL, 2005


    1. Although the Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), had been in operation for a considerable time, very few prosecutions have been instituted in terms of the Act. In cases where a conviction followed, it mostly followed upon a plea bargain between the prosecution and the accused.

    2. Recent events such as the arrest of a number of South African citizens, allegedly involved in a planned coup d'état aimed at the Government of the Equatorial Guinea, both in that country and in Zimbabwe testify to mercenary activities being undertaken from within the borders of the Republic. The recruitment of South Africans by so-called private military companies from outside the Republic, to provide military and security services in areas of armed conflict - such as Iraq - is also continuing.

    3. It is evident from the small number of prosecutions and convictions under the Act that there are some deficiencies in the Act, which need to be addressed urgently in order to ensure that the Republic effectively combats mercenary activities and to provide for the regulation of certain forms of assistance in armed conflicts.

    4. The Bill proposes to address the following:

    (a) To redefine and improve certain definitions and expressions such as "armed conflict", and "assistance or service".

    (b) To insert a definition of "security services".

    (c) To exclude legitimate armed struggles, including struggles waged for national liberation, self-determination, independence against colonialism, or resistance against occupation, aggression or domination by alien or foreign forces, in accordance with the international humanitarian law, from assistance or service for which authorisation is required.

    (d) The prohibition of mercenary activity is purified by adding to that activity elements of the existing definition of "foreign military assistance". These elements, in effect, constitute classical mercenary activities, such as a coup d'état.

    (e) To regulate the enlistment of South Africans and permanent residents in foreign armed forces, humanitarian assistance and provision of certain forms of assistance, such as military and related services and security services. Authorisation to enlist in a foreign armed force shall lapse once the person to whom it has been granted, participates in an armed conflict.

    (f) Of most importance is the power given to the President, as head of the National Executive, to proclaim a country or area as a regulated country or area.

    (g) Extraterritorial jurisdiction is provided for in respect of persons who are citizens or permanent residents of the Republic and also where a person has committed an offence in terms of the Act outside the borders of the Republic, or from outside the borders of the Republic.

    (h) That the President may make regulations required in terms of the Act.

    (i) That authority may be granted under limited circumstances on an urgent basis to provide aid in an emergency to relieve the plight of civilians in an armed conflict. Applications for such authorisations must be considered and decided without delay, and within a specified time limit.

    (j) To provide for penalties which are aligned with the seriousness of the offence.

    (k) In terms of the transitional provisions of the Bill, South Africans involved in armed conflict, as a result of their enlistment in foreign armed forces, need to obtain approval for such enlistment within six months, from the commencement of the Act. If such person fails to apply for such authorisation he or she shall commit an offence by remaining enlisted in a foreign armed force.

    5. It is believed that the above amendments will vastly improve the regulation of the participation of South Africans in armed conflict, the combating of mercenary activity, the regulation of enlistment in foreign armed forces and the regulation of assistance to countries in an armed conflict.

    6. All Departments represented at the International Relations, Peace and Security Cluster were consulted. These include Departments with a direct interest in the Bill, such as Safety and Security, Intelligence, Justice and Constitutional Development and Foreign Affairs.
     
  3. Prohibition of Mercenary Activity and Prohibition and Regulation of Certain Activities in an area of Armed Conflict Bill 2005 (Note that this new act will replace and repeal the earlier Foreign Military Assistance Act of 1998

    Headlines

    • The Explanatory Memo circulated with the new Bill states that the old Act did not generate enough prosecutions. Thus an objective of the new Act is to make prosecution easier and more prolific
    • The President can designate `areas of armed conflict’ (6.2).
    • The new Act is designed to `prohibit and regulate’ the provision of any sort of activity in such a designated area. This includes provision of security, procurement, recruitment, financial, advice, medical, humanitarian aid etc etc
    • Security services are very broadly drawn to include (apart from guarding persons or property) training, advice on the use of equipment and management of any of the listed services etc etc
    • All the above activities are prohibited and any person or individual who wishes to provide them must apply to the Committee (National Conventional Arms Control Committee or NCACC). This includes those wishing to provide humanitarian aid.
    • Applications must be made in a prescribed form (not yet published) and be accompanied by the prescribed fee (not yet detailed)
    • There is no time limit within which the Committee must take a decision on an application, except for humanitarian applications, which must, in principle, be decided within 30 days – or at the first meeting of the Committee after the 30 days has elapsed i.e. no actual time limit either
    • The Act specifically does not apply to any acts or services provided in furtherance of a struggle for national liberation or against colonialism or occupation by foreign or alien forces (1.2.a.). It is not clear whether fighting for Al Qaeda in Iraq against US Forces would come into this category and would thus be expressly permitted
    • The Act gives unlimited power to the President to make further Regulations as he may consider expedient or necessary (12.1.d). No reference to Parliament is required
    • No transition period is specified, to give time for those providing security or other services to comply with the Act. As soon as the Act is passed they are criminalized.
    • The Act applies whether the persons providing the service are in SA or not and whether they are South African or not
    • The Act provides that those infringing the Act may be prosecuted if they are found at any time in South Africa, even though the service provided is legal in the country where or from which it was supplied and even though they may not be South African or resident in SA (11.2.a).
    • Any property which may have been used `in connection with’ an offence defined by the Act may be confiscated by the SA State (10.5)
    • Prosecution may still be brought under the old 1998 Act, even though it is repealed by the current Act (15.5)




    Effects specific to PSCs operating in Iraq and providing security services
    • PSCs, their managers (wherever based) and all their employees in Iraq are in breach of SA law as defined in the new Bill
    • All South African employees of PSCs will be in breach of the Act as soon as it is passed, as there are no transitional provisions which will cover them while they apply for registration and approval
    o In effect this means that most SA citizens and residents working in Iraq will have to leave Iraq before the Act comes into effect, otherwise they risk imprisonment on their eventual return to SA
    o As the Committee has no obligation to process applications within a certain time period (and since there is high-level political animosity to PSCs employment in Iraq) it is likely that no applications will be approved
    • Even if a PSC is not an SA company or if it has no SA employees (or, in the unlikely event that all of its SA employees have been authorized by the Committee to work in Iraq) it will still be in breach of SA law if it has not applied to the Committee to provide services using non-SA employees
    • Any person in breach of the Act (including a manager of a non SA company employing no SA citizens) can be prosecuted and fined/imprisoned for that breach if he visits South Africa
    • Any property or assets owned by a person who is `found to be’ (s. 11.2.a) in SA and who is in breach of the Act, can be seized by the State. Neither his nationality nor his status is relevant
    • The list of prohibited activities is broadly drawn and even includes those providing financial services to PSCs or their employees (3.c). Thus, to take it to the extremes, a Bank (whether based in SA or not) providing a UK PSC employee with a mortgage on his UK house would be in breach of the new law and a UK officer of that bank could be arrested if on holiday in SA and fined/imprisoned
     
  4. Here's a link to the original foreign military assistance act www.info.gov.za/gazette/acts/1998/a15-98.pdf

    Now aside from the obvious effect this will have on the private security industry, read section4, the bit about service in foreign armed forces, and South Africans currently serving in a foreign military will have six months to apply to some or other committee and ask for permission to be there and even if approved, he or she is still not allowed ot partake in armed conflict. So almost all serving South Africans will fall foul of the new law and risk imprisonment and a hefty fine and having their assets and property siezed.
    Anyone who works in a line of work deemed 'mercenary', ie PSD in Iraq or Afghan is also in violation this law and if caught in SA will also risk imprisonment and a fine, REGARDLESS of nationality.
     
  5. Hmmmm...well it looks grim, but EO et al have managed to circumvent such attempts to block their activities before, have they not?
     
  6. EO went under several years ago, unless I am mistaken. This new law leaves no loopholes that I can see, so I doubt anyone will be circumventing this with much success. time will tell though, lets see what happens when it gets passed.
     
  7. Didn't EO rebrand themselves and now no longer operate out of SA? I'll wait and see.
     
  8. I did hear that they had moved out of SA for a bit, but a few of the guys I work with were ex EO, they said it didnt exist anymore. even if they are still around, no matter where they base themsleves the are in violation of this new law, and so could get arrested on Return to SA, whereas before they could get away with it.

    What is really bad is that it applies to anyone, regardless of nationality, so a Brit or Yank who has done PSD in Iraq or where ever can get imprisoned if found in SA. Just who do these guys think they are, surely other countries should step in. Would the UK let Brits who went to SA on holiday and got locked up because they worked in Iraq just sit in jail or would they try to get them out?
    Another interesting part of the new law, is once approved the president can make ammendments without parliments involvement....that has serious implications, doesn't that sound like the start of something very undemocratic?
     
  9. Are there no other South Africans on this site? no input or further information? I think this is going to be quite big when it comes in, considering the number of Saffers currently serving in the British Army.
     
  10. in_the_cheapseats

    in_the_cheapseats LE Moderator

    As all PSDs operating in Iraq must have the authority of the Iraqi Interim Govn (or more specifically the MOI) to operate legally. As long as they had the certificate to prove they did, the only power to regulate them was the Iraqi forces, be it police, police commando or army. We couldn't touch them (although there were a few firms we would have liked to) as by international law we weren't allowed.

    I don't see how SA can do this to foreign nationals employed legitimately by another sovereign power. There must be something that this that UN mandates for. How many firms work for them with SA personnel??

    I am trying to work out the score for SA guys in UK forces. I know that the one guy working with me doesn't know about this. Time for him to get in touch with the embassy and more importantly, time for the FO to find out on block implications to UK forces, me thinks
     
  11. A letter came around about 2 years ago, i was sitting in Middle Wallop when the Saffers there were talking about it being circulated to all South African Officers and Soldiers serving in the British Army. It basically said what this new bill is saying... Return to South Africa and serve in the South African Defense Force or if you refuse then you forgo your passport and you will be arrested apon return to South Africa.

    My view and opinion... The South African government is fishing, it has no idea of how many and where the Saffers in the British Army are.
    Helpful Advice--->The best thing is not to broadcast the fact you're in the British Army when in South Africa, ie. not filling in 'British Army' in the occupation box on the Landing Card. In fact dont ever fill it in at Jo'burg Int or Heathrow... you can get through with the old 'i'm on a GAP year blag' anyway.

    My fear is not what will happen to me, but rather what will happen to my family should the buggers there find out who I am and where my family lives. Sad, but unfortunately in this day and age...

    Now onto a something more worrying. The British Government knows how many South Africans are serving in the Army and where we are, including our 'next of kins' and where our homes are in SA. Judging by what happened to the 7 Para lads this week..... i remember words to the effect 'Hung out to Dry' ....

    My Question what is Uncle Tony going to do when Mfondien Tabo asks him to hand over all the South Africans???? Somehow I doubt it will be a middle finger accompanied by the words '"Gaan kak in die Mielies ou Swaer!"
     
  12. just to add to this....

    i lost my saffer passport whilst in the factory and had to apply for a new one....
    when i turned up at SA House in london to collect it, i was quietly escorted to the rear of the building, sat down and 'questioned' as to why i was serving in the British Army.... after about an hour and dripping in sweat... i was allowed to leave.... must say the old chap did get rather p*ssed off when I told him that Uncle Mbeki can stick it up his hoola hoo and that I was happy to die for queen and country...
     
  13. Looks very neat and tied up. We should get some of the guys who draft legislation over to show our wan*ers how it can be done when one uses a brain.
     
  14. SA is sliding into the same situation as Zimbabwe..... I wonder what the former terrorist Mandela makes of it all?
     
  15. in_the_cheapseats

    in_the_cheapseats LE Moderator

    Still with the lawyers but as yet no answer. I'll post as soon as I get something