Israeli soldiers sit atop armored vehicles as they deploy near southern Israel’s border with the Gaza Strip on 20 November 2023. Photo: Menahem KAHANA / AFP
The National Prosecuting Authority (NPA) has confirmed it has received a complaint from the Palestine Solidarity Campaign (PSC) in connection with South Africans serving in the Israeli Defence Forces (IDF) in that country’s war in Gaza.
The PSC supporters protested outside the NPA’s offices in Cape Town on Monday to highlight their appeal and hand over a memorandum to officials.
It is demanding that all those who serve in the IDF and contribute to the perpetration of war crimes and genocide against Palestinians be immediately investigated, extradited, prosecuted and have their SA citizenship revoked.
NPA spokesperson Eric Ntabazalila confirmed to The Citizen that they have received a memorandum from the PSC.
“Yes, I can confirm there was a protest. People were outside our office in Cape Town and I’m the one who received the memorandum. We’ve arranged to meet with them in the next week or two to have further discussion on what they’ve placed on the memorandum.”
While the PSC said it had identified about 80 South Africans who are soldiers in the Israeli army, Ntabazalila said this will form part of the discussions.
“I cannot comment on what they’ve written to us because I’m not aware of that. So, that will form part of the discussions that will take place between us and them.”
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In December 2023, the International Relations Department (Dirco) warned South African citizens that joining the IDF in the war in Gaza, “without the necessary permission of the NCACC [National Conventional Arms Control Committee] is breaking the law and [one] can be prosecuted”.
The department pointed out that South Africa’s laws prohibited mercenary activity and regulates the enlistment of citizens or permanent residents in other armed forces.
“Such action can potentially contribute to the violation of international law and the commission of further international crimes, thus, making them liable for prosecution in South Africa,” the department said.
In November, Minister in the Presidency Khumbudzo Ntshavheni confirmed that the State Security Agency (SSA) was aware of South Africans who were participating in the war.
Ntshavheni indicated the SSA was monitoring the war and was ready to provide to both the NPA and the Department of Defence the identities of South Africans active in the fighting.
The minister said those who were participating “not only in the Israeli war, but in any other part of the world” would face prosecution.
South Africa approached the International Court of Justice (ICJ) this year seeking several orders, including for Israel to immediately suspend its Gaza offensive; to stop forced displacement; to enable humanitarian access to thousands of displaced Palestinians; and to preserve evidence.
In its judgment, the ICJ ordered Israel to take “all measures within its power” to prevent acts of genocide in Gaza.
At least 33 843 Palestinians have been killed and 76 575 wounded in Israeli attacks on Gaza since 7 October, according to Palestinian Health Ministry.
The death toll in Israel from Hamas’s 7 October attacks stands at 1 139, with dozens of people still held captive.
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