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SSA keeping an eye on Israel-Hamas conflict for South Africans' involvement

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SSA keeping an eye on Israel-Hamas conflict for South Africans' involvement

Israel-Palestine conflict
Photo by Bloomberg

9th November 2023

By: News24Wire

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The State Security Agency (SSA) is monitoring the ongoing, deadly conflict between Israel and Hamas - and South Africans participating will be prosecuted, said Minister in the Presidency Khumbudzo Ntshavheni.

Like other ministers in the security cluster, Ntshavheni was responding to questions in the National Assembly on Wednesday.

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The National Freedom Party's Munzoor Shaik-Emam asked: "Considering that it is well-known that many South Africans are serving in the Israel Defense Forces, which poses a serious risk to the Republic, what measures has the government put in place to prevent (a) such a risk and (b) South Africans from serving in foreign armies?"

"The State Security Agency, informed by its mandate, is monitoring developments in the conflict between Israel and Hamas in Gaza. The specific problem of South Africans joining the ranks of the Israeli Defense Force is receiving attention," Ntshavheni responded.

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She added that the problem went beyond Israel.  

"It encompasses other conflicts where states and non-state players are involved in training, and armed conflict. Where sufficient evidence is available, that breaches of the relevant law have occurred, affected people have to be prosecuted," she said.

She said there was an obvious need for a multilayered awareness campaign.

"It is also a global challenge that requires discussion at the multilateral level. Such processes will, among others, involve regulation of private security and intelligence organisations, regulating access to arms, regulating the outsourcing of war, or the privatisation of war, and regulating how citizens join the defence forces of other countries," said Ntshavheni.

She emphasised that the SSA would continue to respond within the "parameters of its mandate".

She said that, in terms of the Regulation of Foreign Military Assistance Act, the National Prosecuting Authority (NPA) was responsible for prosecuting.

In his follow-up question, Shaik-Emam asked: "How soon can we have a response, given the fact that South Africans serving in the Israeli Defense Forces are publicly bragging about serving in this army - and, as a result of that, are committing atrocities against innocent Palestinians – civilians, women and children?"

Ntshavheni said he should forward the question to Defence Minister Thandi Modise.

The Act is under the auspices of the defence minister.

The African National Congress's Jerome Maake, the chairperson of the Joint Standing Committee on Intelligence, said everyone was aware that there were private military companies involved in conflict zones across the globe, with the participation of South Africans.

He asked how the state would ensure "tighter regulations" to prevent this.  

"Because South Africa will be producing and exporting dogs of war, or mercenaries that go around maiming women and children and committing genocide," he added.

Ntshavheni said the question of South Africans' participation in paramilitary companies needed multiparty collaboration.

"Our responsibilities are, where South Africans participate, we find their details and pass them on to the relevant authorities, because in South Africa it is illegal for South Africans to participate in military operations outside of the Republic, where they are not sanctioned by the Republic or the government," she said.

The DA's Dianne Kohler Barnard said there were indeed former South African National Defence Force members "plying their trade in private security companies in Iraq, Afghanistan, and elsewhere in Eastern Europe". And, perhaps causing the most danger to South Africa, "there were South Africans who left the country and joined ISIS, and have since personally returned, or their widows and children have returned to this country".

"Minister, do you know how many South Africans are working in these so-called security firms around the world as mercenaries, how many have returned to this country, and how many ISIS followers and funders now reside here?" Kohler Barnard asked.

Ntshavheni said the SSA was working to trace those who had returned from ISIS "in line with the court order that was given to make sure that when they are integrated, they are integrated into communities".

"And we'll do what is necessary to ensure on our part to make sure that they do not rejoin the cells they were party to," she added.

With a smile, she told Kohler Barnard that the number of South Africans involved would be furnished to the Joint Standing Committee on Intelligence.

Kohler Barnard is a member of this committee, which has its meetings behind closed doors.

The Regulation of Foreign Military Assistance Act states that no person may "within the Republic or elsewhere recruit, use or train persons for or finance or engage in mercenary activity", render foreign military assistance to any state or organ of state or group, without authorisation from the National Conventional Arms Control Committee.

People found guilty of contravening the Act could face jail time or a fine.

South Africans may also be tried in a South African court "notwithstanding the fact that the act or omission to which the charge relates, was committed outside the Republic".

The simmering tension in the Middle East spilled over into extreme violence on 7 October, after the militant Palestinian movement Hamas' surprise attack in Israel - in which, according to the Israeli authorities, more than 1 400 people, mostly civilians, were killed and more than 200 hostages were taken.

Israel has been bombing Gaza unabated and, in a move which human rights organisations describe as unlawful, laid siege to Gaza, cutting off supplies of food, water, fuel and electricity to its civilian population.

AFP reported on Wednesday that the health ministry in Hamas-run Gaza said the war had killed more than 10 500 people, also mostly civilians. The ministry said there were 4 324 children among the dead and 2 823 women, with 26 000 more wounded since war broke out.

On Monday, Cabinet announced that South Africa's diplomats in Israel had been recalled.

Ntshavheni described the Israeli ambassador to South Africa Eliav Belotsercovsky's presence in the country as "becoming very untenable", but neither International Relations and Cooperation Minister Naledi Pandor nor her deputy, Alvin Botes, would give a clear indication during Wednesday's question session that his departure, or the closing down of the embassy, was imminent.

Pandor told the House that her department was working with local organisations, like Gift of the Givers, and international groups, like the Red Cross, to provide humanitarian aid to the people of Palestine.

They had also been in contact with the government of Egypt to facilitate entry to Palestinian territories through the Rafah border crossing, but aid-bearing trucks and humanitarian workers had been prevented at this border crossing, and some had even come under attack.

She said government remained committed to finding a peaceful resolution and supported the two-state solution, even though Israel had clearly indicated that it did not support it.

She said South Africa, given our history, had a moral obligation to support a peaceful negotiation, but would not force its will on anyone.

Pandor said if South Africa were invited to participate in mediation, it would contribute.

She said she thought South Africans were generally supportive of Palestinians, because people of South Africa "have always been concerned about the oppressed, and in assisting the oppressed in attaining freedom".

She added: "Being the very fair people that we are, we recognise the right of Israel to exist."

Last month, Pandor called Hamas leader Ismail Haniyeh, which sparked controversy, after a statement purportedly from Hamas claimed she supported the attack.

On Wednesday, Pandor confirmed that she was asked to call Haniyeh, and she obliged as "seeking peaceful resolution requires speaking to all parties".

She said it was "totally untrue" that she had expressed support for the "atrocious action of 7 October" - and that this narrative was "peddled by very negative persons who seek to twist the truth".

"Our interests, as South Africa, is to support the process and to support peaceful negotiations, led by the Israel and Palestine authorities," Pandor said.

"If the process results in peace for both nations, we would be satisfied."

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