Palestinians inspect the damage after an Israeli raid in the Nur Shams camp on 17 December 2023. Picture: Zain Jaafar / AFP
International Relations and Cooperation Minister Ronald Lamola says citizens can report to the police if they have evidence of any South Africans joining the Israel’s army amid the war in Gaza.
Reports indicate that some South Africans have enlisted in the Israel Defense Forces (IDF) to engage in the ongoing conflict with Hamas in Gaza and other occupied Palestinian territories.
Since the onset of the Israel-Gaza conflict on 7 October 2023, over 43,000 Palestinians and 1,139 Israelis have lost their lives.
Speaking at a media briefing on Tuesday, Lamola said anyone with evidence of South Africans serving in the IDF should report it to the authorities.
“Anyone who has got the evidence must report it to the police and the NPA [National Prosecuting Authority] and the law must take its course for any South African participating in the Israel Defence Force,” he said.
The minister clarified that it was not the responsibility of the Department of International Relations and Cooperation (Dirco) to handle such matters.
ALSO READ: SA must ‘stand firm’ against Israel’s attacks, Good party says
“People must submit their evidence.
“If we have [evidence], that’s good and we can refer it to the relevant law enforcement agencies, but the individuals who have identified [and] have got evidence [of South Africans in the IDF], by law and right in this country, they can open a case against that individual at the nearest police station,” Lamola said.
In April, the Palestine Solidarity Campaign (PSC) filed a criminal complaint against Benjamin Rattle for serving in the IDF.
Rattle had posted on Instagram, expressing pride in his role with the IDF.
The PSC submitted a list of about 70 names to the NPA.
More recently, the Directorate for Priority Crime Investigation, known as the Hawks, opened an investigation into 22-year-old Aaron Bayhack for his alleged involvement in the Israel-Gaza conflict.
READ MORE: PSC calls on NPA to prosecute South Africans assisting Israel in Gaza war (VIDEO)
Last month, Hawks spokesperson Colonel Katlego Mogale confirmed to News24 that the agency was still gathering evidence.
South African National Defence Force (SANDF) spokesperson Siphiwe Dlamini stated that the military was aware of Bayhack’s case and will allow legal proceedings to follow due process.
According to Dirco, South African law prohibits mercenary activities and regulates citizens or permanent residents joining foreign armed forces.
Under the Regulation of the Foreign Military Assistance Act, anyone wanting to provide military assistance abroad, including in Israel, must apply to the National Conventional Arms Control Committee (NCACC).
The NCACC will then recommend to the Minister of Defence whether to approve or deny the request.
Joining the IDF without NCACC approval is illegal and could lead to prosecution, as these actions may contribute to international law violations.
Additionally, under the South African Citizenship Act, naturalised citizens risk losing their citizenship if they fight for a foreign country in a conflict that South Africa does not support.
NOW READ: ‘Intent is clear’ in Israel’s Gaza genocide, says SA as it files ICJ case
Download our app and read this and other great stories on the move. Available for Android and iOS.
