Mercenary Tales: Zuma-Sambudla, Mantula walk in Mark Thatcher’s shadow
Over 20 years ago, Margaret Thatcher’s son was convicted of what Jacob Zuma’s daughter is now being investigated for.
The ongoing investigation into the alleged recruitment of South African citizens to fight in the Russia-Ukraine war has cast a spotlight on the rarely-used legislation prohibiting foreign military assistance, revealing unsettling parallels between current high-profile suspects and a past political scandal involving the son of a former British head of state.
Nonkululeko Mantula, a senior SAfm radio broadcaster, was recently arrested along with four co-accused at OR Tambo International Airport while allegedly preparing to fly to Russia to fight as mercenaries.
This development comes amid an active Hawks investigation into former uMkhonto weSizwe (MK) Party member of Parliament Duduzile Zuma-Sambudla, who is accused of duping 17 men – including eight of her family members – into travelling to Russia under the pretense of “bodyguard training” for the MK Party, only to find themselves deployed to the war-torn Donbas region of Ukraine.
Mantula charged, Zuma-Sambudla probed
Mantula, 39, and four others – Xolani Ntuli, 47, Thulani Mazibuko, 24, Siphamandla Tshabalala, 23, and Sfiso Mabena, 21 – face charges of contravening the Regulation of Foreign Military Assistance Act (RFMAA) 15 of 1998, while Zuma-Sambudla is yet to be charged.
The core issue linking these cases is the violation of the RFMAA, which criminalises South African citizens or residents from engaging in, financing, recruiting for, or rendering any form of foreign military assistance without authorisation from the National Conventional Arms Control Committee (NCACC).
Foreign military assistance is defined widely, encompassing advice, training, personnel, financial, logistical, intelligence support, personnel recruitment, and procurement of equipment.
Case of Mark Thatcher, son of former British prime minister
The most prominent historical example for such a conviction in South Africa involves Sir Mark Thatcher, the son of former British prime minister Margaret Thatcher.
In 2005, Mark was convicted and received a four-year suspended prison sentence and a substantial fine in South Africa for violating the RFMAA. He pleaded guilty to providing funding and logistical assistance related to the 2004 attempted coup in Equatorial Guinea.
Mark admitted paying $275,000 to charter an aircraft but claimed he believed the money was for an air ambulance service, an explanation the court rejected.
The undeniable similarity lies in Mark and Zuma-Sambudla’s lineage: Mark is the son of “The Iron Lady”, while Zuma-Sambudla is the daughter of former South African president Jacob Zuma.
Penalties for contravening Regulation of Foreign Military Assistance Act (RFMAA) 15 of 1998
In the current climate, where the Hawks are widening their investigation into recruitment networks, the consequences laid out in the RFMAA serve as a stark warning. Penalties for contravening the Act include a fine, or imprisonment, or both.
Although the Act does not specify maximum sentences, the judge uses their discretion based on the severity of the offence. The penalties are serious; in Thatcher’s case, his plea bargain resulted in a R3,000,000 fine (approximately $506,000 at the time) and a suspended prison sentence.
Additionally, a conviction allows the court to order the forfeiture of any armament, vehicle or equipment used in connection with the offence to the State.