Two activists have taken the South African government to court. They want to hold it accountable for citizens allegedly serving in the Israeli Defence Forces (IDF). The case was filed in the Gauteng High Court in Pretoria, aiming to force state departments to act on these allegations. T
he applicants are Palestinian solidarity activist Safoudien Bester and human rights attorney Ziyaad Ebrahim Patel. They argue that this service violates South African law.
The case involves several government departments. These include the National Director of Public Prosecutions and the Department of Home Affairs. The application follows criminal complaints against citizens who allegedly joined the IDF.
Patel confirmed the government intends to oppose the application. Their opposing papers are expected next month.
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Legal framework and government inaction
The core of the legal challenge is the Regulation of Foreign Military Assistance Act (RFMAA). This law prohibits citizens from providing military assistance to foreign states. They cannot do so without explicit authorisation from the government.
The applicants state that no such authorisations have been granted for service in the IDF* They claim the government has failed to deter these actions. This failure, they say, is due to weak law enforcement and few resources.
The Department of International Relations and Cooperation (DIRCO) has previously warned citizens that joining foreign armed forces without permission is illegal and that such actions could lead to prosecution in South Africa.
The applicants argue that allowing citizens to serve in the conflict undermines South Africa’s international standing. They believe it weakens the country’s credibility as a champion for justice.
Image: LeRoi Taljaard, a 24-year-old reservist from the Johannesburg area, during operations in the Gaza Strip. [Credit: LeRoi Taljaard/NBC News]
