Allegations that South African soldiers are unlawfully serving in the Israeli Defence Forces (IDF) in the armed conflict in the Gaza Strip are due to come under the juristic spotlight in the Gauteng High Court, Pretoria.

The Applicants, Safoudien Bester, a Palestinian Solidarity Activist, and Ziyaad Ebrahim Patel, a South African attorney and human rights defender, turned to court in a bid to obtain several orders to hold South Africa accountable to its international and other obligations.

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.

The matter filed before the court contains allegations that South African nationals and citizens have been unlawfully serving in the IDF. The case 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.

They will argue that South Africa, as a nation with a strong anti-apartheid legacy and a signatory to the Rome Statute of the International Criminal Court, has a moral and legal duty to prevent its nationals and citizens from being participants in what it refers to as war crimes, either directly or indirectly.

The applicants argue that failure to enforce the Republic’s laws not only weakens South Africa’s constitutional democracy but also diminishes its credibility in international forums where it has consistently called for accountability in global conflicts.

“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.

Patel meanwhile stressed that this case is equally about upholding accountability and protecting South Africa’s integrity. As an international human rights defender and lawfare advocate for almost two decades, he posits that South Africans cannot be allowed to participate in atrocities abroad while our authorities look the other way.

The applicants referred to a criminal case lodged earlier by Bester against Dean Samuel Goodson, who is said to be a decorated trained IDF soldier and “by his own admission was in military service of the IDF in the 2014 war in Gaza”.

According to the applicants the delay in the NPA’s decision whether or not to prosecute Goodson is unlawful and they want the court to force the NPA to make a decision in this regard. They also want the government, headed by the Presidency as the head of the national security cluster, to develop an efficient national safety and security strategy framework to prevent the “unlawful” recruitment of South African nationals and citizens into the IDF.

The respondents meanwhile all indicated they will oppose the application. They have not yet filed their opposing papers but are expected to do so by next month, Patel said.

zelda.venter@inl.co.za

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