Activists haul government to court over claims of citizens fighting for Israel in Gaza
This picture taken during a media tour organised by the Israeli army on February 8, 2024, shows Israeli soldiers inside an evacuated compound of the United Nations Relief and Works Agency for Palestine Refugees in Gaza City, amid ongoing fighting between Israel and the Palestinian militant group Hamas.
Image: AFP
ATTORNEY and human rights defender Ziyaad Ebrahim Patel and Safoudien Bester, a Palestinian Solidarity Activist, have launched a high court application to hold the government accountable to its international and other obligations following allegations that a group of South Africans was unlawfully serving in the Israeli Defence Forces (IDF) in the armed conflict in the Gaza Strip.
Several arms of government, as well as the National Director of Public Prosecution, the Department of Home Affairs and the police are cited among the 10 respondents. Patel confirmed that the government intends to oppose the application and is expected to file papers by next month.
The case before the Gauteng High Court, Pretoria stems from a series of criminal complaints filed against South African nationals/citizens who are alleged to have joined and militarily served in the IDF.
The applicants contend that such military service is unlawful under South African law and undermines both domestic security and South Africa's credibility as a champion of international justice.
At the heart of this matter is the Regulation of Foreign Military Assistance Act (RFMAA), which the applicants say strictly prohibits South African nationals and citizens from providing military assistance to foreign states without applying for explicit authorisation.
The record of evidence has confirmed no such authorisations have been granted to South Africans serving in the IDF, the applicants say.
"What is exposed in the application is the stark failure by our authorities to deter crime, coupled with frugal resources and weak law enforcement mechanisms to uphold the Republic's law without fear, favour and prejudice," they added.
"The continued allowance of South African nationals and citizens, facilitated by Zionist institutions for the recruitment and procurement of young impressionable Jewish youth, men and women to actively participate in the genocide carried out by the IDF is a flagrant violation of the country's anti-terrorism laws," the applicants say.
Cape Times