Azra Hoosen | ah@radioislam.co.za
16 October 2024 | 14:00 CAT
3 min read

A Johannesburg man, Aaron Bayhack, has been identified as a member of an elite Israeli sniper unit involved in military operations in Gaza. According to a documentary by a Palestinian journalist, the unit, known as the “Refaim,” has killed more than 100 people, including unarmed civilians.

Bayhack, who matriculated from King David Linksfield in 2020, is one of 21 snipers in the unit. His involvement raises concerns about South Africans serving in foreign military forces, with legal implications under the country’s military assistance regulations.

Any person joining the IDF without the necessary permission of the NCACC is breaking the law and can be prosecuted.

Speaking to Radio Islam, a researcher at Media Review Network (MRN) and lecturer in political science Dr Ahmed Haroon Jhazbhay, highlighted that the law allows South Africans to participate in foreign military forces, but prior permission must be granted by the Minister of Defence. While dual citizenship is permitted, it does not exempt individuals from seeking this approval.

Jhazbhay noted that the South African government and the Minister of Defence have confirmed that no such permission has been granted to any South African with dual citizenship serving in the Israeli military. Despite the legal allowance, joining foreign military forces without official consent is prohibited.

“The consequences should be that he should have been arrested. According to intelligence gathering, he was in the country recently, only once the journalist started snooping around for the story, I believe that sometime last week, he returned to Israel. He should have been arrested along with countless others,” he said.

He pointed out that the South African Zionist Terrorism Corridor, initiated by the MRN and the Palestinian Solidarity Campaign (PSC) in Cape Town, along with attorney Ziyaad Patel, has identified 15 South African citizens currently serving in the Israeli army who have not faced arrest. He said that this situation suggests potential underlying political interference and geopolitical considerations, as well as possible external lobbying efforts influencing the lack of action against these individuals.

The South African Zionist Federation and the Jewish Board of Deputies have reportedly lobbied members of the U.S. Congress to urge the Biden administration to reassess its relations with South Africa. Jhazbhay explained that historical precedents exist, such as the 2009 Gaza docket, which identified over 100 South Africans serving in the Israeli army. However, there has been a notable lack of political will and fortitude to enforce domestic laws regarding this issue.

He emphasised that the responsibility lies with the National Prosecuting Authority (NPA), which operates independently and must pursue prosecutions without fear or favour when evidence is available. Despite having received the complete dossier on the South African Zionist Terrorism Corridor, the NPA has reportedly been reluctant to engage, employing stalling and delaying tactics instead of taking decisive action.

“The investigative work has been done; they need to prosecute these matters. We have given the NPA long enough; it cannot go on that these laws are being violated by Israelis and our very own citizens who seem to be an exception to the rule,” he said.

Discussing the way forward, Jhazbhay made it clear that political considerations should not affect the NPA; they need to act decisively, however if they don’t, MRN and other parties involved might have to pursue a private prosecution, but that process can take a long time and can be delayed by legal tactics.

“In an age of social media, these South African Zionists are very brazen in their war crimes. The evidence is on social media, which is acceptable as evidence in court,” he said.

LISTEN to the full interview with Ml Sulaimaan Ravat and Dr. Ahmed Haroon Jhazbhay, MRN Researcher, here.