South African High Court Halts Arms Exports to Conflict Zones Including Myanmar

In a landmark ruling, the Gauteng High Court has declared the South African government's decision to sell arms to Myanmar unlawful, marking a significant moment for human rights advocacy and potentially altering the landscape of the country's international arms trade.

Acting Judge Mentz of the Gauteng Division of the High Court in Pretoria, on the 19th of July, struck down the National Conventional Arms Control Committee's (NCACC) authorization of arms sales to Myanmar, following an application submitted by the Southern Africa Litigation Centre (SALC) represented by Lawyers for Human Rights (LHR).

Citing serious human rights concerns, including gross violations of the Genocide Convention and the February 2021 military coup, SALC successfully argued against export permits granted for arms transfers to Myanmar for the period between 2017 and 2021.

The High Court's decision underscores the mandatory responsibilities of the NCACC under the National Conventional Arms Control (NCAC) Act. Pertinently, the court's verdict obliges the NCACC to suspend existing permits for arms transfers to any nation that has suffered an unconstitutional change of government or is suspected of crimes against humanity, war crimes, or genocide.

This ruling bears significant weight, particularly as it affects South Africa's deals with other countries accused of war crimes, including Saudi Arabia and the United Arab Emirates, in their military involvement in Yemen. Such countries might see their arms supply from South Africa cut due to the new court directives.

Humanitarian crises in Yemen have escalated since 2014, exacerbated by military campaigns from a Saudi and UAE-led coalition, which have resulted in tragic civilian casualties and destruction of critical infrastructure such as schools and hospitals. Despite this, South Africa has approved arms exports worth billions to both countries, directly contributing to the ongoing conflict.

In detailing the arms sales to various countries, the 2023 NCACC report highlights the approval of military equipment worth millions to the UAE and Saudi Arabia, as well as other nations such as the Democratic Republic of the Congo, Egypt, Burkina Faso, Mali, China, and Germany.

With the court's decision, SALC and LHR, along with Justice For Myanmar, have expressed satisfaction, noting the immediate impact the ruling will have on future arms exports to not only Myanmar but potentially to other countries as well.

The case brought to light the inconsistencies in South Africa's arms export decisions, especially in light of the country's support for a UN General Assembly resolution calling for an arms embargo on Myanmar and its stated commitment to uphold democracy, peace, human rights, and the rule of law, as per the Department of International Relations and Cooperation's (Dirco) statement.

The absence of opposition to Salc’s applications accentuates a shift towards a human rights-oriented perspective in arms trade regulations.

This high court decision is a victory for those advocating for the responsible trade of arms and will necessitate stringent reviews of South Africa's arms export policies, aligning them more closely with international human rights standards.