Sonja Ntuli, Acting Director of Public Prosecutions, “reviewed all available evidence and the representations made on behalf of the accused,” adding that upon consideration, the decision was made to withdraw the charges against them.

The NPA said that it had “coordinated with its criminal justice partners,” and announced that the 95 Libyans will be in the custody the Department of Home Affairs (DHA). Moreover, the department will facilitate the deportation process of the accused.

The Department of Home Affairs welcomed the court decision, announcing that the next step would be deportation. Home Affairs Minister Dr Leon Schreiber instructed his department “to proceed with speed,” ensuring legal processes are adhered to, so the deportations may be “conducted swiftly.”

DHA officials have gone to court to secure confirmations for the deportation from the Magistrate. Logistics are being finalised for the deportation, with the DHA noting it “stands ready to send the group back to their home country.”

Dr Schreiber noted the DHA “will not hesitate to act decisively to ensure that anyone who breaches the immigration laws of the country is processed through the courts and accordingly faces the consequences.” He added further that “respect for the rule of law is sacrosanct.”

The Libyans applied to be deported to Benghazi should their representations be successful. The men had been charged with misrepresentations in their visa applications in that they claimed they were coming into South Aafrica to train as security guards.

With the deportation of the Libyan nationals, the focus is now on the owners of the training camp, Milites Dei Security Services (MDSS). On 07 August, the Private Security industry Regulatory Authority (PRiSA) announced it had suspended MDSS’ license and had ordered the owners to cease operations on 21 July, prior to the raid by the South African Police Service (SAPS) on 26 July.

The South African Police Service Directorate of Priority Crime Investigations (DPCI) continue to conduct investigations “against the planners, organisers and financiers of the military training camp.” The NPA is working closely with DPCI to ensure that the alleged criminals “are brought to justice.”

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In an interview with the SABC on Monday 5 August, the National Commissioner said “intelligence picked them up.”

“Intelligence has been aware for quite some time, they were monitoring as to what exactly is it that is being done on the farm and once they detected what [was] done, then there was intervention,” he said.

The Libyans apparently arrived in South Africa in April after obtaining visas in Tunisia. They have been charged with violating South Africa’s Immigration Act and, after a court appearance in White River on Monday, had their case postponed to 26 August.

The Libyans were apparently in South Africa for security training but were in fact undergoing military training, under a 36-month training course with Milites Dei Security Services (MDSS), according to Rapport. The publication said Milites Dei’s registration was thoroughly checked, but not that of Alama Alowla, the company which sent them.

Visas for 100 applicants were approved and they began training in White River in April, but five were reportedly sent back to Libya due to misconduct. The South African Police Service asked for possible victims to come forward after reports of the Libyans harassing nearby inhabitants.

Libyan sources claim the contract with Milites Dei is worth about R36 million, half of which was paid as a deposit at the start of the contract, with the remainder due on completion, according to Rapport, which said the Libyans were accompanied by an intermediary who disappeared a few weeks ago, leaving the trainees without money and forcing them to sell possessions.

The 95 Libyans sent to South Africa were apparently part of General Khalifa Haftar’s Tariq Ben Zeyad brigade. Saudi-based Al-Arabiya Al-Hadath TV channel said the men were sent by the general command in official coordination with an Irish security company for training as special forces.

Although their visas stated they were in South Africa for security training, the military-style training the Libyans were receiving went against the Private Security Industry Regulatory Authority (PSiRA) scope that is legally allowed.

Military training would be against the Foreign Military Assistance Act, and Milites Dei was not registered to provide such services.

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Freedom Front Plus (FF+) leader and Correctional Services Minister in the GNU (Government of National Unity), Pieter Groenewald, maintains the arrests at the Milites Dei Security Services (MDSS) facility in White River again shows “government ignorance”.

The White River arrests, the former Commando officer said in a statement, follow “several” Parliamentary questions regarding military training offered by private security companies to foreign groups in the Eastern Cape province. “Each question was met with a negative answer,” he wrote.

Read the full story on defenceWeb here.

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