Government must disclose arms sales to Saudi Arabia

THE national conventional arms control committee (NCACC) and Defence Minister Nosiviwe Mapisa-Nqakula have been asked to disclose all entities with permits to export arms to Saudi Arabia and the United Arab Emirates (UAE).

The Southern African Litigation Centre (SALC) and Open Secrets have urgently hauled acting NCACC chairperson, Justice and Correctional Services Minister Ronald Lamola, and Mapisa-Nqakula to the North Gauteng High Court in a bid to stop the sale of hundreds of millions of rand worth of weapons to Saudi Arabia and the UAE.

Both countries are parties to the war in Yemen and have been accused of violating international human rights and humanitarian law.

According to an application filed by the two organisations, they want the high court to compel Lamola and Mapisa-Nqakula to provide them with the names and contact details of all entities holding or which have applied for contracting permits to transfer controlled items – including dual-use items – to Saudi Arabia and the UAE.

They also want details of entities with export permits, including multiple export permits linked to a contracting permit or temporary twoway import/export permits without transfer of ownership of controlled items to both Gulf countries.

Alternatively, the SALC and Open Secrets want Lamola, in his capacity as acting NCACC chairperson, a position in which he replaced late Minister in the Presidency Jackson Mthembu, who died in January, to serve the papers filed at the high court to the permit holders within 10 days of the ruling.

In terms of the NCACC Act, a permit refers to an armaments development and manufacturing, marketing, contracting, export, import or conveyance permit, while controlled items indicate conventional arms.

The act also describes controlled items as weapons, munitions, explosives, bombs, armaments, vessels, vehicles and aircraft designed or manufactured for use in war, and any other articles of war. Controlled items can refer to any component, equipment, system, processes and technology of whatever nature capable of being used in the design, development, manufacture, upgrading, refurbishment or maintenance of weapons and any other articles of war, as well as other dual-use goods that are not exclusively for military use, but can be used for a military purpose.

In an affidavit filed by SALC executive director Anneke Meerkotter, the two organisations state that the NCACC has authorised the export of arms to Saudi Arabia and the UAE despite the two countries being accused of committing war crimes, violations of international humanitarian law and violations of international human rights law in Yemen.

As a result, by doing so, the NCACC is in breach of the statute and South Africa may be responsible for the commission of an internationally wrongful act.

“In terms of the act and the Arms Trade Treaty, which South Africa has ratified … the NCACC may not authorise permits to transfer conventional arms to countries that have committed violations of international law, including international humanitarian and human rights law,” reads the affidavit.

Last year, the percentage of exports of conventional arms from South Africa to Saudi Arabia and the UAE increased to almost 31% of the total export value of nearly R4.6 billion (R842 million to the UAE and R567m to Saudi Arabia), according to the SALC and Open Secrets.

This is despite the UN group of experts calling for the cessation of conventional arms sales to both countries in 2018.

The NCACC has indicated that from 2016 to 2018 between 33% and 48% of all controlled items exported from South Africa went to Saudi Arabia and the UAE.

Open Secrets’ Michael Marchant yesterday told independent Media that both Lamola and Mapisa-Nqakula were yet to respond to the urgent application filed last Thursday.

Marchant estimated that a fair few South African companies should be involved in the export of arms to Saudi Arabia and the UAE.

The application is expected to be heard next week.