The Southern Africa Litigation Centre (SALC) has filed a landmark application in the North Gauteng High Court seeking to suspend South Africa’s weapons exports to the United States, arguing that the National Conventional Arms Control Committee (NCACC) has failed to uphold its legal obligations under domestic arms control legislation.
Dr. Attila Kisla, International Justice Cluster Lead at SALC, explained that the challenge is grounded in Section 14 of the National Conventional Arms Control Act, which mandates that export permits must be suspended or cancelled if a transfer is not in the interest of maintaining or promoting international peace. “The law doesn’t make any exceptions in that regard,” Kisla stated.
The application cites four distinct situations in which the United States has allegedly violated international law, which SALC argues should trigger the NCACC’s obligation to halt arms exports:
- In January 2025, the U.S. president lifted a hold on arms exports to Israel, including 2,000-pound bombs used in Gaza amid documented concerns regarding international crimes.
- In June 2024, U.S. attacks on Iranian nuclear facilities were condemned by UN experts as violations of the UN Charter’s prohibition on the use of force and classified as acts of aggression.
- In January 2025, the capture of the Venezuelan president was similarly condemned by UN experts as a violation of the UN Charter and an act of aggression.
- Beginning February 28, 2025, military actions against Iran were condemned by South Africa’s president, the UN Secretary-General, and various UN special procedures as a serious threat to international peace and security.
“These actions are not isolated events but rather show a pattern of repeatedly violating core provisions of international law,” Kisla said. “That pattern triggers the NCACC’s obligation, and these permits must be suspended or cancelled.”
Addressing questions about proving South African-made arms were used in these conflicts, Kisla clarified that the National Conventional Arms Control Act does not require proof that specific weapons were deployed in violations. Instead, the legislation focuses on whether arms are exported to a country that systematically violates international law or human rights. “South Africa should be a responsible arms trader in the international global community,” he noted.
Kisla also highlighted the apparent tension between South Africa’s legal stance at the International Court of Justice regarding genocide allegations and its continued arms trade with key military backers of parties to that case. “While we don’t consider this a political matter, our focus is legal: to uphold the rule of law and ensure existing South African law is implemented,” he said.
The organisation emphasised that the application is narrowly tailored to permits relating to U.S. arms exports and does not call for a complete shutdown of South Africa’s defence industry. “Our action is targeted and proportionate,” Kisla affirmed.
Should the court rule in SALC’s favour, the decision could carry broader implications. “It will send a very important message—not only of solidarity, but that states, civil society, and all stakeholders have means at their hand to stand up to states that consistently violate international law,” Kisla concluded. “This is a moment in history to uphold the rule of law.”
The matter remains before the North Gauteng High Court for consideration.
