Nine Arrested in South Africa Over Alleged Mercenary Travel to Ukraine War

The prosecutions test the reach of a 1998 law designed to prevent South African nationals and foreign residents from joining foreign conflicts, with the Russia-Ukraine war now generating the...

Nine foreign nationals appeared in two separate Gauteng courts in November 2026 after being arrested for allegedly attempting to travel from South Africa to participate in the war between Russia and Ukraine, according to SAnews.gov.za, the South African government's official news service.

The accused were charged with contravening the Regulation of Foreign Military Assistance Act 15 of 1998, the law that governs South African residents and persons operating from South African soil who seek to provide or recruit for military assistance in foreign conflicts.

The two court appearances took place in Gauteng Province, which includes Johannesburg and Pretoria. The government report did not identify the specific courts, the nationalities of the nine individuals, or which side of the Russia-Ukraine conflict they allegedly intended to join. Those details, if disclosed, would emerge through the court proceedings or prosecutorial statements.

The Regulation of Foreign Military Assistance Act was enacted in 1998 following international criticism of South African mercenaries who participated in conflicts across sub-Saharan Africa during the 1990s. The legislation makes it a criminal offense to offer, provide, or assist in recruiting mercenary services, and applies to any person ordinarily resident in South Africa, regardless of citizenship.

Under Section 2 of the Act, conviction can carry a prison sentence of up to ten years, a fine, or both. The law is administered by the National Conventional Arms Control Committee, which must approve any form of foreign military assistance before it is provided legally.

South Africa has formally maintained a position of neutrality on the Russia-Ukraine conflict. The government abstained on United Nations General Assembly resolutions calling for Russian withdrawal, drawing criticism from Western governments. President Cyril Ramaphosa's administration has consistently framed the country's stance as one of non-alignment and support for a negotiated settlement.

That official neutrality makes the prosecutions legally notable. The Act does not distinguish between parties to a conflict: it prohibits South Africa-based individuals from joining any foreign military operation without authorization, regardless of which side they would assist.

South Africa drew international attention in 2023 when a U.S. Ambassador at the time alleged that a South African vessel docked at the Simon's Town naval base had loaded weapons and ammunition destined for Russia. The South African government denied the allegation and commissioned an independent judicial inquiry; that inquiry's findings have not been referenced in connection with the current prosecutions.

The South African National Prosecuting Authority has not issued a public statement detailing the evidence against the nine defendants, the specific circumstances of their arrests, or whether additional suspects are being sought. The court dates for further hearings were not disclosed in the government report.

The cases represent, based on available public records, among the first prosecutions under the 1998 Act directly linked to the Russia-Ukraine conflict. South African legal scholars and civil society organizations monitoring the war's regional effects are likely to watch the proceedings to assess how courts interpret the statute's application to a conflict involving two foreign states and defendants who are themselves foreign nationals operating from South African territory.

The outcome of the cases may also carry implications for South Africa's diplomatic posture, since a successful prosecution could signal a willingness to enforce neutrality in both directions, preventing fighters from traveling to either side of the conflict.