In a significant legal development, the Gauteng Division of the High Court in Pretoria has invalidated permits granted by the National Conventional Arms Control Committee (NCACC) for arms transfers to Myanmar. The court has ordered the NCACC to suspend any existing contracts or export permits to countries that have undergone an unconstitutional change of government or have committed crimes against humanity, war crimes, or genocide.
The ruling, issued on July 19, 2024, came in response to an application filed by the Southern Africa Litigation Centre (SALC), represented by Lawyers for Human Rights (LHR). Justice For Myanmar, an activist organization focused on arms trade to Myanmar, also supported the court’s decision. The implications extend beyond Myanmar, potentially affecting arms exports from South Africa to other nations as well.
According to defenceWeb, Dr. Atilla Kisla, the International Justice Cluster Lead at SALC, emphasized that arms exports to countries with human rights violations and recent military coups are illegal. The ruling underscores the importance of adhering to international law and prioritizing human rights over profit. Mere expressions of concern are insufficient; tangible action, such as suspending or canceling permits, is necessary to uphold human rights.
“Arms exports to a country that violates human rights and that underwent a military coup are illegal. This order is crucial in creating a more responsible and accountable arms trade regime in South Africa,” said SALC’s International Justice Cluster Lead, Dr Atilla Kisla.
“It shows that human rights and international law are limiting factors for arms exports. The example of Myanmar illustrates that words of condemnation or concern are not sufficient. Fighting for human rights requires action in the form of applying the law and suspending and/or cancelling permits if needed.”
“We welcome the High Court’s ruling in this matter as it protects the people of Myanmar by clarifying that such arms transfers are not in compliance with domestic and international law,” said Justice For Myanmar spokesperson Yadanar Maung. “Such permits should never have been approved in the first place. We hope to see South African arms transfer authorities give full effect to the Court’s decision.”
Yadanar Maung, spokesperson for Justice For Myanmar, welcomed the court’s decision, asserting that such arms transfers violate both domestic and international law. She expressed hope that South African authorities responsible for arms transfers would fully implement the court’s ruling.
Between 2017 and 2021, South Africa exported military hardware worth R215 million to Myanmar. Notably, the exports included rangefinders, transceivers, communication systems, observation/target acquisition systems, and electronic equipment. The court’s ruling aims to prevent further arms sales to Myanmar, given the country’s history of human rights abuses and the Rohingya crisis.
Beyond Myanmar, this ruling could impact South African defense exports to other nations. Countries like the United Arab Emirates and Saudi Arabia, involved in military interventions in Yemen, may face scrutiny. South Africa has also supplied weapons to states embroiled in domestic conflicts, including Mozambique and the Democratic Republic of Congo.
