Hey guys,
I have a serious problem and I was wondering if anyone could help me?
I have passed RSC and am due to start training soon with the Parachute Regiment. I am a South African on an SA passport.
There is a bill that could be passed into to an Act in April that would prohibit South African’s from joining any foreign army and I would be classified as a mercenary if I served in a conflict zone and could be arrested if I return to SA???
Are there any other South African’s on here who know more about what is going on?? Like the exact details of the Act?
I am stressing big time and any info/advice would be an enormous help.
Thanking you in advance.
PS: Also heard that if I go direct to the SA embassy they would make my life miserable!!
Share This Page:
HELP. South African's classified as mercenaries
-
Doc
- Guest
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.
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
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
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
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.
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
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
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
Ex RE 1986 till 1997
Thank **** for my british passport, I was due to enter the Regiment in January this year, but due to clerical errors I was never informed that I needed to be signed off from the south african government, and as a result give up residency to my birth place.
My mother is british therefore I have a british passport, although I still needed to obtain the letter, contact the high commission in London, trafalgar square and ask to speak to the defence department, there explain your situation, they will request a CERTIFIED copy of you passport and a brief summary of what you want done to be sent to them
Get a photo copy of your passport, get the police to sign it, make sure you take you passport with so they can verify it and send it off, days later you will recieve a letter which states you have just been released from all duties including future ones.
voila :]
My mother is british therefore I have a british passport, although I still needed to obtain the letter, contact the high commission in London, trafalgar square and ask to speak to the defence department, there explain your situation, they will request a CERTIFIED copy of you passport and a brief summary of what you want done to be sent to them
Get a photo copy of your passport, get the police to sign it, make sure you take you passport with so they can verify it and send it off, days later you will recieve a letter which states you have just been released from all duties including future ones.
voila :]
Thanks for the good info guys specially adj125. I have read the whole bill through closely and the problem it seems is, that even if you are granted permission by the SA gov (you also have to pay them!!) you will be fine until you enter a conflict zone and then the whole thing becomes null and void and you are a mercenary according to them and will be arrested on your return to SA!!!!!
Yeah, I DON'T have a British Passport so I am screwed. I have heard that it is unlikely to pass the first time and will only pass once it has had some serious adjustments made so I am not going to worry for the moment.
Thanks again guys.
Cheers
Yeah, I DON'T have a British Passport so I am screwed. I have heard that it is unlikely to pass the first time and will only pass once it has had some serious adjustments made so I am not going to worry for the moment.
Thanks again guys.
Cheers
cheeze
-
jcclimber
- Member
- Posts: 56
- Joined: Mon 10 Oct, 2005 1:43 pm
- Location: Not a very nice place tourist wise
Mercenary
Hey SiD, passing out is the least of our worries. The issue is far more complicated. You would know this if you read the the legislation. Its some scary stuff and is still up in the air as to what will happen.
Wasnt meaning to be glib
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......blah blah
For British armed forces there should be no problem here I would think.
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......blah blah
For British armed forces there should be no problem here I would think.
Stop flaping about shit
IF you joine up and classed as a merc,so be it,live by the sword,die by the sword!Im an ex SA PARABAT,after my time in SA joined the Brits for 6years and had the time of my live.Signed of and working in IT,BORED SHITLESS!A merc is someone who does not work for any goverment,you will be working for the UK goverment,stop worrying and get on with it.Any ex SA PARAS in UK-VASBYT. 
Stack the fridge and stoke the bong!We are staying home to nite.
Hiya mate.
as most who have posted here.
I am an Ex SAbeen in the UK for 4 and a half years. Exactly as Alek said. Ring the defence department....wish i had know this at the time....took 6 people to say "Eish I dont know", but finally go there and sent my papers off to AFCO.
I gave up residency this is basically so that if SA go to war they cant call you up for Cumpulsory entrance.
Ive signed up for th Royal Marines with PRMC on the 8 March 06.
As much as I miss SA and my friends, this is my new home and new friends will be made in training and in the RM.
I wish you all the best mate.
Dan
as most who have posted here.
I am an Ex SAbeen in the UK for 4 and a half years. Exactly as Alek said. Ring the defence department....wish i had know this at the time....took 6 people to say "Eish I dont know", but finally go there and sent my papers off to AFCO.
I gave up residency this is basically so that if SA go to war they cant call you up for Cumpulsory entrance.
Ive signed up for th Royal Marines with PRMC on the 8 March 06.
As much as I miss SA and my friends, this is my new home and new friends will be made in training and in the RM.
I wish you all the best mate.
Dan
RM application 2005, PRMC - tore ACL and PCL ligaments.
Contimplating TA for a couple years before i rejoin RM
Contimplating TA for a couple years before i rejoin RM
