Seminar Report on The Prohibition of Mercenary Activities and Regulation of Certain Activities in Areas of Armed Conflict Act 27 of 2006

The report details a seminar hosted by the Institute for Security Studies (ISS) to evaluate the Prohibition of Mercenary Activities and Regulation of Certain Activities in Areas of Armed Conflict Act 27 of 2006. Experts argued that while the Act aims to curb mercenary activity and align with the South African Constitution, it is overly restrictive, lacks clear definitions for 'humanitarian assistance', and may push the private military and security company (PMSC) industry underground. Discussions highlighted the tension between the Act's punitive approach and the potential utility of PMSCs in peacekeeping and stability operations, as well as the Act's impact on the military profession and its relationship with International Humanitarian Law.

• The Act 27 of 2006 was introduced to replace the ineffective Regulation of Foreign Military Assistance Act No. 15 of 1998 (RFMA) and to give effect to section 198 (b) of the South African Constitution, which prohibits citizens from participating in armed conflict unless provided for by law.
• Critics argue the Act is overly broad and restrictive, potentially criminalising a lucrative profession and infringing on Article 22 of the Constitution regarding the right to choose a trade. There are concerns that the Act's 'watertight' nature will drive the industry underground, leading citizens to change their citizenship to avoid its reach.
• The Act is criticised for vague definitions and a lack of parliamentary oversight, granting the executive wide powers through the National Conventional Arms Control Committee (NCACC). Specifically, it fails to define 'humanitarian assistance', creating ambiguity for organisations requiring authorisation.
• From a professional military perspective, the rise of PMSCs is seen as eroding the military profession by causing a 'skills drain', decreasing legal accountability, and undermining the state's monopoly of knowledge and service ethics.
• In terms of International Humanitarian Law (IHL), the Act primarily addresses the 'jus ad bellum' (the legal framework for the use of force) rather than 'jus in bello' (conduct of hostilities). However, it may indirectly encourage IHL compliance through an exception for assistance provided in accordance with international law.
• The Act may conflict with South African foreign policy objectives by removing a potential tool for achieving stability on the continent, as PMSCs can provide efficient assistance in peacekeeping, border patrol, and the establishment of refugee camps.

APA

Ahmadou, N., & Gumedze, S. (2008). Seminar Report on The Prohibition of Mercenary Activities and Regulation of Certain Activities in Areas of Armed Conflict Act 27 of 2006. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/RPSSREPFIN.PDF

Chicago

Ahmadou, Nadia, and Sabelo Gumedze. Seminar Report on The Prohibition of Mercenary Activities and Regulation of Certain Activities in Areas of Armed Conflict Act 27 of 2006. Institute for Security Studies, 2008. https://issafrica.s3.amazonaws.com/site/uploads/RPSSREPFIN.PDF.

Wikipedia

{{cite report |last1=Ahmadou |first1=Nadia |last2=Gumedze |first2=Sabelo |title=Seminar Report on The Prohibition of Mercenary Activities and Regulation of Certain Activities in Areas of Armed Conflict Act 27 of 2006 |publisher=Institute for Security Studies |date=22 May 2008 |url=https://issafrica.s3.amazonaws.com/site/uploads/RPSSREPFIN.PDF |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ahmadou2008seminar, author = {Ahmadou, Nadia and Gumedze, Sabelo}, title = {{Seminar Report on The Prohibition of Mercenary Activities and Regulation of Certain Activities in Areas of Armed Conflict Act 27 of 2006}}, institution = {Institute for Security Studies}, year = {2008}, month = may, url = {https://issafrica.s3.amazonaws.com/site/uploads/RPSSREPFIN.PDF}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }