Nine arrested at OR Tambo over Ukraine war plan. What the law says
The Hawks arrested nine foreign nationals at OR Tambo and a Bruma hotel over an alleged plan to join the Russia-Ukraine war. Here's what the Foreign Military Assistance Act bans.
The Hawks arrested nine foreign nationals aged 20 to 26 at OR Tambo International Airport and a hotel in Bruma on Sunday night, 8 November, over an alleged plan to travel from South Africa to take part in the Russia-Ukraine war. They're expected to face charges under the Regulation of Foreign Military Assistance Act 15 of 1998, Hawks spokesperson Colonel Katlego Mogale said. (IOL)
What happened at OR Tambo?
According to Mogale, a multidisciplinary team acted on intelligence gathered during an investigation, and the suspects were allegedly preparing to board flights out of the country when they were arrested. (The Citizen)
The operation involved Interpol, the Hawks' Crimes Against the State and Serious Organised Crime Investigation units, international law enforcement agencies, SAPS Crime Intelligence, the Gauteng Provincial Tracking Team and private security companies, IOL and TimesLIVE reported. The nine are expected to appear in the Kempton Park Magistrate's Court. (IOL)
The suspects have not been convicted of anything, and the case still has to go to court.
Is it illegal to fight in a foreign war from South Africa?
Yes, unless it's authorised. The Regulation of Foreign Military Assistance Act has two main bans:
| Section | What it bans |
|---|---|
| Section 2 | Recruiting, using, training, financing or taking part in mercenary activity, in South Africa or elsewhere |
| Section 3 | Offering or giving foreign military assistance without authorisation from the Minister of Defence, in consultation with the National Conventional Arms Control Committee |
Source: Regulation of Foreign Military Assistance Act 15 of 1998
The Act defines mercenary activity as "direct participation as a combatant in armed conflict for private gain". Foreign military assistance is much wider. It includes advice or training, personnel, logistical or intelligence support, recruitment, medical services and buying equipment for a party to an armed conflict. Humanitarian work to help civilians is excluded. (Act 15 of 1998)
Does the law apply to foreigners too?
It can. The Act covers South African citizens and permanent residents wherever they are, as well as any foreign citizen who breaks the Act within South Africa's borders. (Act 15 of 1998) The nine people arrested on Sunday are foreign nationals, TimesLIVE and IOL reported.
What is the penalty?
Breaking section 2 or 3 is a criminal offence. A person convicted can get a fine, prison time or both, and the court can order that weapons, vehicles, uniforms, equipment or other property linked to the offence be forfeited to the State. (Section 8)
Has this happened before?
Yes. In November 2025 the Hawks arrested four men at the Johannesburg airport who were suspected of having been recruited to fight in the Russian military, Reuters reported. That came weeks after reports that 17 South African men were stuck in Ukraine after allegedly being lured with promises of lucrative contracts.
Earlier this year, President Cyril Ramaphosa and Russian President Vladimir Putin discussed efforts to bring home those 17 men, most of them from KwaZulu-Natal and one from the Eastern Cape, The Citizen reported.
What should you watch out for in job offers abroad?
The men stuck in Ukraine were allegedly recruited with promises of well-paid work, according to The Citizen and Reuters. Under the Act, any work abroad that supports a side in an armed conflict, including security, training, logistics or recruitment, needs government authorisation. (Act 15 of 1998)
If you have information about people being recruited to fight abroad, you can report it to the police through SAPS Crime Stop on 08600 10111.
FAQ
Why were nine people arrested at OR Tambo?
The Hawks said nine foreign nationals aged 20 to 26 were arrested on 8 November 2026 over an alleged plan to travel from South Africa to take part in the Russia-Ukraine war. They're expected to face charges under the Regulation of Foreign Military Assistance Act.
Is it illegal for South Africans to fight in foreign wars?
Yes, unless authorised. The Regulation of Foreign Military Assistance Act bans mercenary activity and bans giving foreign military assistance without authorisation from the Minister of Defence.
Does the Foreign Military Assistance Act apply to foreigners?
Yes. It applies to South African citizens and permanent residents anywhere, and to foreign citizens who break the Act within South Africa's borders.
What is the penalty under the Foreign Military Assistance Act?
A person convicted can be fined, jailed or both, and the court can order related property such as weapons, vehicles and equipment to be forfeited to the State.