MK party MP Duduzile Zuma-Sambudla’s legal woes could worsen if she is found to have orchestrated the recruitment of 17 South African men allegedly trapped in Ukraine as mercenaries in the Russia–Ukraine conflict.
The Directorate for Priority Crime Investigation (Hawks) has confirmed it is investigating a case against the MP that was opened by her half-sister Nkosazana Zuma-Mncube.
Zuma-Sambudla is accused of tricking the men under the pretence of receiving security training, but they were allegedly taken to fight alongside Russian soldiers in Ukraine. According to the men’s families, Zuma-Sambudla was behind the recruitment.
The Hawks are investigating allegations of human trafficking, illegal recruitment, exploitation and fraud.
The South African law stipulates no person may engage in mercenary activity.
The Regulation of Foreign Military Assistance Act further stipulates no person may offer to render any foreign military assistance without approval.
Advocate Francois Botes said that if Zuma-Sambudla, who is also on trial for allegedly inciting violence during the July 2021 unrest in KwaZulu-Natal, is found to have broken the law, she could face serious consequences.
“Nobody has the right or entitlement to take up a position as a mercenary in a foreign jurisdiction or army. That violates the international conventions,” he said.
“The implications are severe once she [Zuma-Sambudla] is found to have violated any legislation in South Africa by recruiting mercenaries under the guise of some training as bodyguards.”
The law stipulates that any person who contravenes the provisions can face imprisonment or be fined.
University of Pretoria senior law lecturer Dr Llewelyn Curlewis said the 17 men could face prosecution upon their return.
“From a criminal law perspective, it is a very serious offence. On face value there was a crime committed not only by the 17 people but by anyone that facilitated it. If she [Zuma-Sambudla] is involved, it’s bad news for her.”
While there have been allegations the men were tricked, Curlewis said, “Ignorance is no defence in law,” adding that the men would need to provide substantial evidence to receive leniency.
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