South African parly OKs mercenaries bill

CAPE TOWN – Controversial legislation placing an outright ban on any form of South African involvement in mercenary activities was approved in the national assembly on Tuesday.

The Prohibition of Mercenary Activities and Regulation of Certain Activities in a Country of Armed Conflict Bill was opposed by the Democratic Alliance and Freedom Front Plus, but not because they supported mercenary activities. Introducing debate on the measure, Defence Minister Mosiuoa Lekota said mercenaries were the scourge of poor areas of the world, especially Africa.”These are killers for hire.They rent out their skills to the highest bidder, regardless of the political agenda,” he said.Mercenaries had had a direct impact in one way or another in conflicts all over Africa, keeping the political balance in favour of their paymasters and subverting democracy and good governance in general.These private military or security firms had now assumed greater roles in conflict areas, such as Iraq, guarding installations, delivering logistical supplies, operating aircraft, and providing medical support.The function of this relatively new industry raised a range of concerns.Human rights abuses had been committed by some firms and, in many instances, their operations had led to increased internal tensions and sometimes even military coups.Lekota said: “These firms, falling as they do outside (of government), are not regulated by international law.Nor are they accountable to international bodies.””Thus, regulation at national level offers the hope of superior legal definition and enforcement.”South Africa was concerned that its citizens in foreign militaries could be involved in wars in contravention of international law and of South African foreign policy objectives, damaging the country’s reputation.The SA defence force could be confronted by foreign forces containing South African citizens, at some stage.Therefore, regulation would help set standards for the industry and help establish an acceptable and vibrant industry.Lekota said: “There is no reason why this industry that provides essential services in the defence sector should be associated with dark and sinister forces,”.The Democratic Alliance, while supporting a ban on mercenary activities, opposed the bill’s passage.The DA’s Roy Jankielsohn said that, although the bill attempted to ban mercenary activities, it also restricted humanitarian organisations, individuals and companies, as well as individuals enlisted in the armed forces of foreign states.”The extent to which the bill affects individuals who are not mercenaries make the legislation principally and perhaps even constitutionally flawed,” he said.After pressure on white senior officers to resign from the defence force, the government was passing legislation that would restrict individuals who did resign from using their skills in other countries.”Individuals rendering security services or working in foreign defence forces just want to do what they cannot do in South Africa, namely support themselves and their families.”Their futures now depend on the decisions of the national conventional arms control committee (NCACC), which is a body of ANC politicians,” he said.The Inkatha Freedom Party’s Velaphi Ndlovu supported the bill, saying it was intolerable that South African citizens “are creating havoc around the world, destabilising legitimate regimes, propping up illegitimate others, and generally playing a destructive role in world affairs”.Among other things, the bill puts a complete ban on mercenary activities.It requires companies or individuals wanting to render military assistance or security services to any party to an armed conflict to get permission from the NCACC.South Africans are banned from enlisting in foreign armed forces, unless authorised by the NCACC.Humanitarian assistance organisations need to register with the NCACC.News24Introducing debate on the measure, Defence Minister Mosiuoa Lekota said mercenaries were the scourge of poor areas of the world, especially Africa.”These are killers for hire.They rent out their skills to the highest bidder, regardless of the political agenda,” he said.Mercenaries had had a direct impact in one way or another in conflicts all over Africa, keeping the political balance in favour of their paymasters and subverting democracy and good governance in general.These private military or security firms had now assumed greater roles in conflict areas, such as Iraq, guarding installations, delivering logistical supplies, operating aircraft, and providing medical support.The function of this relatively new industry raised a range of concerns.Human rights abuses had been committed by some firms and, in many instances, their operations had led to increased internal tensions and sometimes even military coups.Lekota said: “These firms, falling as they do outside (of government), are not regulated by international law.Nor are they accountable to international bodies.””Thus, regulation at national level offers the hope of superior legal definition and enforcement.”South Africa was concerned that its citizens in foreign militaries could be involved in wars in contravention of international law and of South African foreign policy objectives, damaging the country’s reputation.The SA defence force could be confronted by foreign forces containing South African citizens, at some stage.Therefore, regulation would help set standards for the industry and help establish an acceptable and vibrant industry.Lekota said: “There is no reason why this industry that provides essential services in the defence sector should be associated with dark and sinister forces,”.The Democratic Alliance, while supporting a ban on mercenary activities, opposed the bill’s passage.The DA’s Roy Jankielsohn said that, although the bill attempted to ban mercenary activities, it also restricted humanitarian organisations, individuals and companies, as well as individuals enlisted in the armed forces of foreign states.”The extent to which the bill affects individuals who are not mercenaries make the legislation principally and perhaps even constitutionally flawed,” he said.After pressure on white senior officers to resign from the defence force, the government was passing legislation that would restrict individuals who did resign from using their skills in other countries.”Individuals rendering security services or working in foreign defence forces just want to do what they cannot do in South Africa, namely support themselves and their families.”Their futures now depend on the decisions of the national conventional arms control committee (NCACC), which is a body of ANC politicians,” he said.The Inkatha Freedom Party’s Velaphi Ndlovu supported the bill, saying it was intolerable that South African citizens “are creating havoc around the world, destabilising legitimate regimes, propping up illegitimate others, and generally playing a destructive role in world affairs”.Among other things, the bill puts a complete ban on mercenary activities.It requires companies or individuals wanting to render military assistance or security services to any party to an armed conflict to get permission from the NCACC.South Africans are banned from enlisting in foreign armed forces, unless authorised by the NCACC.Humanitarian assistance organisations need to register with the NCACC.News24