Under the Foreign Military Assistance Act of 1998, it is illegal for South African citizens and entities to offer or provide military assistance to foreign governments.
The South African government has received distress calls for assistance to return home from 17 South African men who are trapped in the war-torn Donbas, Ukraine.
The men, between the ages of 20 and 39, who come from KwaZulu-Natal and one from the Eastern Cape, were lured to join mercenary forces involved in the Ukraine-Russia war under the pretext of lucrative employment contracts.
“The South African government is working through diplomatic channels to secure the return of these young men following their calls for assistance to return home,” said Presidency spokesperson Vincent Magwenya.
“President Ramaphosa and the South African government strongly condemn the exploitation of young, vulnerable people by individuals working with foreign military entities.”
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Under the Foreign Military Assistance Act of 1998, it is illegal for South African citizens and entities to offer or provide military assistance to foreign governments or participate in the armies of foreign governments unless authorised by the South African government.
As a result, President Cyril Ramaphosa has ordered an investigation into the circumstances that led to the recruitment of these young men into these seemingly mercenary activities.
Ukraine – Russia war
On 24 February 2022, Russia invaded Ukraine, and the subsequent conflict has claimed thousands of civilians’ lives and led to the mass exodus of millions of people fleeing Ukraine.
A month later, Ramaphosa announced that South Africa had been approached to play the mediation role in the Russia-Ukraine conflict.
Ramaphosa said he had also communicated with Putin telephonically.
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“I outlined our position on the conflict that has unfolded as well as our belief that the conflict should be resolved through mediation and negotiation between the parties and – if need be – with the help of agencies that can help bring a solution to the conflict,” said Ramaphosa at the time.
“President Putin appreciated our balanced approach. We believe this position enables both parties to subject the conflict to mediation and negotiation.”
SA calls for negotiations
Ramaphosa’s government has been criticised over its stance and refusal to condemn Moscow for the raging conflict.
The country abstained from voting on the Russia-Ukraine conflict at several UN General Assembly sessions, citing negotiations as the primary means to resolve the conflict.
Defending its decision, South Africa stated that the conflict involved two UN members in an armed conflict, and it was the UN’s responsibility to take decisions and actions that would lead to a “constructive outcome” conducive to the creation of sustainable peace between the parties.
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