The Constitution of the Republic of South Africa, 1996, provides in section 198(b) that the resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally or internationally, except as provided for in the Constitution or national legislation. In order to implement aspects of this provision and in the interest of promoting and protecting human rights and fundamental freedoms, universally, it is necessary to regulate the rendering of foreign military assistance by South African juristic persons, citizens, persons permanently resident in the Republic and foreign citizens who render such assistance from within the borders of the Republic.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—