Court asked to investigate SA government’s role in citizens fighting for Israel in Gaza

A legal challenge has been filed requesting South African courts to investigate the government’s role in the reported involvement of South African citizens fighting for Israel in Gaza. Activists argue that such participation may violate the Regulation of Foreign Military Assistance Act, which prohibits citizens from engaging in foreign military operations without official approval.

Under South African law, individuals seeking to assist foreign armed forces must obtain permission from the National Conventional Arms Control Committee (NCACC). Failure to do so could result in prosecution for illegal mercenary activity. The court application also calls for scrutiny of returning fighters who may face legal consequences under these provisions.

Civil society groups, including the Palestine Solidarity Campaign, have previously urged the National Prosecuting Authority (NPA) to investigate, revoke citizenship, and hold accountable South Africans joining the conflict. The matter underscores tensions between Pretoria’s foreign policy stance and citizens acting independently in a foreign war zone.

South Africa has formally accused Israel of violating the Genocide Convention in Gaza and taken the matter to the International Court of Justice (ICJ). Meanwhile, the Department of International Relations and Cooperation (DIRCO) has warned that South Africans fighting with Israeli forces without NCACC approval risk legal action.