NO ANSWERING AFFIDAVIT FILED IN SALC’S APPLICATION CHALLENGING SOUTH AFRICAN ARMS EXPORTS TO THE UNITED STATES OF AMERICA
Johannesburg, 19 August 2026 – The Southern Africa Litigation Centre (SALC) notes that the deadline for the Respondents to file their answering affidavit lapsed yesterday, 18 August 2026, with no papers filed. This is now the second deadline in this matter that the State Respondents have missed, after the notice to oppose by the Chairperson of the National Conventional Arms Control Committee (NCACC) and the Minister of Defence was itself filed more than a month too late, on 27 July 2026.
SALC is concerned by this pattern of delay. A case concerning South Africa’s compliance with its own arms control legislation and its international obligations demands serious engagement and a timely response from the respective authorities. If the parties in question do not file their answering affidavits, the matter will remain unopposed.
Anneke Meerkotter, Executive Director at SALC, stated that:
“Given the gravity of this matter, the pattern of delay is highly concerning. We find ourselves in a situation where accountability and legal process are being delayed while, at the same time, exports to the United States continue. You cannot invoke adherence to law in The Hague and then ignore it here at home.”
SALC notes that this is not the end of the matter. If no answering affidavit will be filed, the matter will be heard on an unopposed basis. As the matter raises key questions about double standards and whether accountability bends to power, SALC will continue to pursue the matter.
Background
Procedural History: On 3 June 2026, SALC filed an application in the North Gauteng High Court (Pretoria), arguing that the National Conventional Arms Control Committee (NCACC) has a statutory duty to suspend or cancel permits that facilitate arms exports to the US. The Respondents in this matter are the Chairperson of the NCACC, Minister of Defence and the President of South Africa. On 27 July 2026, the 1st and 2nd Respondent filed a notice to oppose after the deadline for such lapsed on 25 June 2026. The filing of the notice to oppose triggered the deadline to file the answering affidavit by 18 August 2026.
Case Facts: SALC’s litigation is grounded in the extensive body of evidence and international law analysis relating to the following situations:
- January 2025: U.S. lifts hold on arms exports to Israel
- June 2025: Attacks on nuclear facilities in Iran
- January 2026: Capture of Venezuelan President and his wife
- February 2026: Attacks on Iran
All the situations above resulted in accusations of international law violations, such as complicity in genocide, violation of Article 2(4) of the UN Charter, committing the crime of aggression and war crimes. Taken together, these violations created a pattern of escalation and manifest an ongoing threat to international peace and security, a threshold that triggers the obligation by the NCACC to suspend arms export permits under the NCAC Act.
The latest reports by the NCACC illustrate that South Africa exported arms to the United States throughout 2025. Numerous requests by SALC and its legal representatives to suspend/cancel such permits or enquires whether the government intends to make a decision in that regard have remained without any substantive answer.
Regulatory Framework: The NCACC is the statutory gatekeeper of South Africa’s arms exports established under the National Conventional Arms Control Act. It consists of various Ministers and Deputy Ministers, such as the Minister in the Presidency (Chairperson), Minister of Foreign Affairs or Minister of Defence. Before any South African arms company can export arms, it must obtain a permit to do so. While the NCACC exists to prevent South Africa’s defence industry from slipping back into the shadows of the apartheid era, the practice of exports over the last years paints a seriously concerning picture of arms exports to countries like Saudi Arabia, the UAE, or Myanmar.
Under section 14(3)(a) of the NCAC Act, the NCACC must “cancel, amend or suspend the permit if it is in the interest of maintaining and promoting international peace or avoiding repression and terrorism.”