29 May 2006: ISS Today: DRC Coup Accused Safely Home

29 MAY 2006: DRC coup accused safely home
PRETORIA NEWS

 

The 19 South Africans, held by authorities in the Democratic Republic of Congo for nine days on allegations that they were hatching a coup, are home. Government spokesman, Henri Mova Sakanyi said, “We expelled them… We don’t have time to try them ourselves as we are in the middle of organising elections. We have discussed the issue with their respective governments and we have sent them to be dealt with by their own countries.”

 

Commentary

 

The good news for the 19 South Africans is the fact that they were released after being detained in DRC for nine days and are now back in South Africa. The question is how does South Africa deal with the situation? Will they ignore the remark made by the Congolese Authorities that the respective governments deal with the situation or will they continue to charge the South Africans in terms of the existing Foreign Military Assistance Act (FMAA)?

 

The company at stake, Omega Risk Solution, is a registered company with the Private Security Industry (PSI), as defined in the South African legislation – “Private Security Industry Regulation Act” (2001). In the DRC, however, Omega Security Solution is viewed as an independent company that has contracts with the Congolese government to train security personnel in Matadi, Boma and Mounda harbours, as well as for the protection of two cement factories. This coupled with the fact that the Congolese government has up till now not provided the South African government with firm evidence that could implicate the 19 South Africans, makes it difficult for the South African government should they consider prosecuting them in terms of the “Foreign Military Assistance Act” (FMAA).

 

This unfortunate situation again shows the importance of finalising the new South African bill on the Prohibition of Mercenary Activities and Prohibition and Regulation of Certain Activities in an Area of Armed Conflict. The South African government is the first in Africa that is addressing these issues with the new proposed bill.

 

The African Union needs to consider adopting a new convention that will replace the old “Convention of the Organisation of the African Unity for the Elimination Of Mercenarism in Africa”, which entered into force on 22 April 1985. Internationally, the issue of “mercenaries” is also addressed in the Additional Protocol I of 1977 to the Geneva Conventions. Both the UN and Africa instruments need to be updated because they do not address the new phenomena of Private Military Companies and Private Security Companies that are operating in conflict areas.

 

Henri Boshoff and Chacha Bhoke