SA soldier in Israel gets flak

A video of a South African man believed to be fighting in the Israel Defence Forces (IDF) in Gaza has sparked concern on social media with citizens calling for him to be prosecuted for violating the Foreign Military Assistance (FMA) Act.

In the video posted on Leroi Taljaard’s Instagram, he is seen in Khan Yunis in Gaza celebrating the destruction of what seems to be a block of apartments, despite the recent ruling by the International Court of Justice ordering Israel to prevent acts of genocide.

Taljaard, who describes himself as a fitness trainer and former IDF paratrooper, also posted images of himself in military uniform with the caption, “Defending our right to defend ourselves”.

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Man in army gear slammed on social media

South African social media users have responded to the young man’s video and called for him to be prosecuted and labelled him “a supporter of apartheid”.

They said he was living out his apartheid fantasy in Palestine because he couldn’t do it in South Africa anymore.

“A racist, inhumane person is not welcome in South Africa. You are what our country had fought so hard to get rid of. The world is better off without you,” were just some of the comments on the video.

It is unclear how many South Africans are fighting in the IDF and whether they will be prosecuted for violating the FMA Act.

Spokesperson for the department of international relations and cooperation Clayson Monyela said the department did not have figures on the number of South Africans working overseas for private military groups because soldiers usually did not declare it due to it being considered a criminal offence.

Law expert Dr Llewelyn Curlewis said South African citizens could be prosecuted if they were found to be hired soldiers.

“It is important to distinguish between soldiers who have Israeli citizenship and people who are paid to go and fight against some country.

“Not all fight for Israel; some of them fight for Hamas. It may be a violation of that law but, otherwise, it is difficult to determine. One must first identify the soldier and then determine whether they are posing as mercenaries,” he said.

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He could possibly be charged

Curlewis said a person may not get involved in a war as a mercenary against another country.

“He could possibly be charged, but one will have to look at his connection with the Israelis and Palestine.

“The Israelis aren’t just going to accept anyone who makes themselves available to their army. You have to get training,” he said.

Curlewis said if it could be verified that Taljaard fights for Israel and has not established a direct connection with their army or historical events – such as that he grew up there or has dual citizenship – it can be proved that if he went to war and was a hired soldier, he may be prosecuted.

“The soldier may have been exercising his freedom of speech and trying to make a little name for himself,” he said.

The head of the department of criminology and criminal justice at the University of Limpopo, Prof Jaco Barkhuizen, said SA soldiers violating the FMA Act could be prosecuted.

“But with so many other things going wrong in the criminal justice system, I don’t see it happening.

“Maybe there will be some show trial but eventually it will play out into nothing,” he said.

“There are South Africans who have joined American forces for citizenship, so I don’t think it will lead to anything, but they will try it.”

Barkhuizen said it was important to remember that SA was not in a state of war with Israel.

“Unless you declare a state of war with Israel, you can charge someone for joining the opposite team with treason – but I don’t see that happening.”

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