Question NW258 to the Minister of Communications and Digital Technologies
30 April 2024 - NW258
Hendricks, Mr MGE to ask the Minister of Communications and Digital Technologies
(1) Whether the National Conventional Arms Control Committee received any names of applicants whose applications in terms of the Regulation of the Foreign Military Assistance Act, No. 15 of 1998, to render support under the flag of a foreign country in a plausible genocide that the Republic does not support or agree with, were declined by the SA National Defence Force, yet such applicants nevertheless continued to render such support in a genocide and/or the names of persons who failed to apply for permission in terms of the Regulation of the Foreign Military Assistance Act, No. 15 of 1998, but who is nevertheless providing such assistance under a foreign flag; if not, what is the position in this regard; if so, what is the total number of names in this regard that his department received; (2) whether the National Conventional Arms Control Committee received any additional names; if not, what is the position in this regard; if so, what steps has the National Conventional Arms Control Committee taken in respect of such additional names it received?
Reply:
The NCACC has not received any names of applications whose applications in terms of the Regulations of the Foreign Military Assistance Act, No 15 of 1998, were declined by the SA National Defence Force to render support under the flag of a foreign country in a plausible genocide that the Republic does not support or agree with, but who nevertheless continued to render such support in a genocide and/or the names of persons who failed to apply for permission in terms of the Regulation of the Foreign Military Assistance Act, No 15 of 1998.
The NCACC does not have any names of persons who failed to apply (applications) in terms of the Regulations of the Foreign Military Assistance Act, No. 15 of 1998, but is providing such assistance under a foreign flag in a war that the Republic does not support.
The NCACC does not and/or should not receive a name-list from a source when applying under the RFMA since each application is considered on a case by case basis and should meet certain criteria for consideration and possible approval. The South African National Defence Force is constituted in terms of s200 under the Constitution (Act 108 of 1996). This is informed by s198 which are the guiding principles of Security Services in South Africa, while s199 reflects the establishment, structuring and conduct of Security Services. This is the casting of the centrepiece of the RFMA.
The RFMA Act states that it intends: to regulate the rendering of foreign military assistance by South African juristic persons, citizens, persons permanently resident within the Republic and foreign citizens rendering such assistance from within the borders of the Republic.
It is trite that given the intention of this Legislation (supra), areas of conflict wherever they occur in the world would be out of bounds for South Africans (Natural and Juristic) and would not enjoy assent of the Republic to partake in.
Further, it is common cause that should it be a case that a South African is involved in an area of conflict. This would be done without the support of the Government of South Africa.
Furthermore, whenever should such violators of the Act be identified, and such participation can be proven the full course of the law shall be visited upon to penalise them.
I thank you.