JOHANNESBURG — The Southern Africa Litigation Centre (SALC) has filed a legal application in the North Gauteng High Court seeking to halt South African arms exports to the United States, arguing that such transfers may violate domestic law and international peace obligations.
The case, filed in Pretoria, targets South Africa’s National Conventional Arms Control Committee (NCACC), along with the Minister of Defence and the President, whom SALC says bear constitutional responsibility for ensuring compliance with the National Conventional Arms Control Act.
The rights organisation argues that South Africa has a legal duty to suspend or refuse arms export permits where there is a credible risk that the weapons could contribute to violations of international humanitarian law or threaten global stability.
In its court papers, SALC contends that recent U.S. military operations — including actions in Gaza, Iran, and Venezuela — demonstrate a pattern of conduct that raises concerns under international law, and therefore should trigger a review or suspension of export licences.
“The NCACC has a statutory obligation to ensure that South Africa does not contribute to the escalation of international conflicts or support actors involved in serious violations of international law,” the organisation said in its filing.
The group further argues that continuing to approve exports to the United States may place South Africa in breach of its obligations under both domestic legislation and international legal standards governing arms transfers.
According to SALC, the National Conventional Arms Control Act requires authorities to cancel or suspend permits when exports risk contributing to repression, terrorism, or threats to international peace and security.
The lawsuit is considered unusual in scope, as it directly challenges arms exports to a permanent member of the United Nations Security Council, a move legal analysts say could have wider implications for South Africa’s defence trade policy and diplomatic relations.
The NCACC, which oversees all arms export licences in South Africa, has not yet publicly responded to the allegations. The government has also not issued an official statement on the case.
South Africa’s arms control framework is regarded as one of the most stringent in Africa, requiring export approvals to be assessed against criteria including human rights risks, regional stability, and compliance with international law.
Legal experts note that the case could test how far domestic courts are willing to interpret international law obligations in relation to major global powers.
A hearing date has not yet been set.
