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Using the current conflict in northern Mozambique as a case study, we argue that the South African government and its current legislation on private military and security companies (PMSCs) has prevented it from being a more effective agent for peace in the region. South Africa’s current legislation – the Foreign Military Assistance Act of 1998 (FMA) and the Prohibition of Mercenary Activities Act of 2006 (PMA) – creates a situation, a deliberate and intentional one, where PMSCs are unable to operate effectively effectively. Therefore PMSCs do not operate from South Africa, despite South African PMSCs being well regarded and experienced internationally. The FMA and PMA also oppose a general international trend which is seeing increased use and acceptance of PMSCs. We argue that the conflict in northern Mozambique is an example where legislation which is more accepting of the PMSC industry would have allowed South Africa to provide more (and earlier) assistance to Mozambique. This would have helped Mozambique and the region, but, importantly, it would also have been a valuable tool in South Africa’s foreign diplomacy and projected the potential for the use of smart power.

Private military and security companies: South Africa’s neglected resource