Bid for Saudia Arabia, UAE arms sales details

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). A Cape Argus report says the Southern African Litigation Centre (SALC) and Open Secrets have urgently hauled acting NCACC chairperson, Justice & Correctional Services Minister Ronald Lamola and Mapisa-Nqakula to the Gauteng High Court (Pretoria) in a bid to stop the sale of hundreds of millions of rands worth of weapons to those countries. Both 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 two-way import/export permits without transfer of ownership of controlled items to both Gulf countries. Alternatively, they want Lamola – in his capacity as acting NCACC chairperson – to serve the papers filed at the High Court to the permit holders within 10 days of the ruling.

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 SA may be responsible for the commission of an internationally wrongful act. ‘In terms of the Act and the Arms Trade Treaty, which SA 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. The Cape Argus report notes the application is expected to be heard next week.