Questions on South African nationals serving in the British army have sent the Department of Foreign Affairs’ lawyers to the library, foreign affairs spokesman Ronnie Mamoepa said on Tuesday.
The lawyers have been asked to clarify whether the Foreign Military Assistance Act, which prohibits South Africans from taking part in military acts in a foreign country without government permission, clashes with a Commonwealth rule that citizens from member countries are allowed to serve in the British military.
Deputy foreign minister Aziz Pahad answered questions on the issue at a media briefing in Pretoria.
Pahad said the matter came to the government’s attention with the recent death in Iraq of South African Sholton Hedenskog, who was a member of the British Marines.
”We are trying to understand how is it possible that a South African national is fighting in the British army,” Pahad told reporters in Pretoria.
”These are issues (on which) we have to — through diplomatic channels and intelligence services — seek some responses.”
Hedenskog was killed in southern Iraq last month when a helicopter crashed due to mechanical trouble. It was carrying United States and British soldiers taking part in the US-led war on Iraq.
Pahad said the government learnt of the matter through newspaper reports.
”I know South Africans are resilient and sought after all over the world, but I was surprised that they were fighting in armies,” he said.
”We have to, diplomatically, get the British government to inform us if there are many others — and if so, who are they. Our own investigations have to look at that.”
Mamoepa, speaking on Tuesday evening, said the department had asked for legal opinion, but that there was no suggestion that any South African serving in the British military had in any way broken a law.
”It’s just that, at face value, there appears to be a contradiction (between the South African legislation and the Commonwealth agreement),” he said.
Pahad said there were apparently between 250 and 300 South African nationals who had joined the British army. Not all of them were necessarily fighting in Iraq.
The first step was to acquire legal advice on the matter.
”Without prejudging the matter, we seek a legal opinion before we even move on the political front,” Pahad said.
British High Commission spokesman Nick Sheppard said about 300 South African nationals were serving in the British defence force. It was not clear how many of them held dual citizenship.
”Any Commonwealth national is eligible to apply to join the British armed forces,” he said.
The United Kingdom was not actively recruiting in South Africa. It was up to the individual to approach the British armed forces, Sheppard said.
Pahad also disclosed that South Africa’s intelligence community was investigating reports of about 100 South Africans fighting as mercenaries in the Ivory Coast.
”We are awaiting their report to consider on what basis action can be taken.”
Pahad said people were skilful in finding loopholes in South African laws against mercenary activities.
Nationals joining the British defence force were not in the same category as mercenaries.
Asked if South Africa would want to prevent citizens from joining other armies, Pahad said: ”First we must get the facts to understand what is happening and discuss it.” – Sapa