Dubious SA-CAR "Exchange of Diplomatic Notes" raises serious questions about SANDF deployment in the CAR

The "Exchange of Diplomatic Notes" ("diplomatic note"), between South Africa and the Central African Republic (CAR), signed on 31 December 2012, raises very serious questions about the South African National Defence Force (SANDF) deployment in the CAR.

The Minister of Defence and Military Veterans, Nosiviwe Mapisa Nqakula, said that the SANDF had been deployed in the CAR in terms of a "cooperation agreement renewed in December 2012" at the Joint Standing Committee on Defence meeting on 4 April 2013.

However, there is doubt about whether the diplomatic note, between South Africa and the CAR, signed on 31 December 2012, amounts to the renewal of the defence cooperation agreement, originally contained in a Memorandum of Understanding (MoU), signed between South Africa and the CAR, on 11 February 2007, and which lapsed on or about 07 February 2012.

The primary objective of the diplomatic note was to extend the scope of the agreement to include "self-defence, protection of property and saving human lives in Bangui", and to extend the agreement itself for a further five years.

However, the diplomatic note only appears to be a preliminary document setting out certain "understandings" between South Africa and the CAR. 

Final agreement was contingent on written confirmation, from the CAR government, that it agreed to the:

• "reinforcement of the South African Contingent for self defence, protection of property and saving of lives in Bangui"; and
• "the extension of the agreement for five (5) years".

No such written confirmation from the CAR government was provided to me by the Minister.

Without the written confirmation, the diplomatic note itself does not appear to amount to a renewal of the original MoU between South Africa and the CAR, signed on 11 February 2007.

This raises a question about whether the SANDF was deployed in terms of a valid bilateral defence cooperation agreement between South Africa and the CAR.

This, in turn, raises a serious question about the constitutionality of the SANDF deployment in the CAR.

I will, therefore, be writing to the Minister to request a copy of the "written confirmation", from the CAR government, confirming their agreement with the terms set out in the diplomatic note, between South Africa and the CAR, signed on 31 December 2012.

Statement issued by David Maynier MP, DA Shadow Minister of Defence and Military Veterans, April 18 2013

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