In 2016 and 2017, Myanmar authorities took measures against its own population that led to serious human rights violations in the country, a refugee crisis of the Rohingya minority, and allegations of genocide against the Rohingya minority. UN special procedures like the UN Special Rapporteur on the situation of human rights in Myanmar and the UN Independent Fact-Finding Mission on Myanmar have reiterated in their respective reports on the need for investigation and prosecution of military leaders for genocide, crimes against humanity and war crimes. In this context, on 14 November 2019, the International Criminal Court (ICC) authorised an investigation by the ICC Prosecutor into the situation of Myanmar/Bangladesh for alleged crimes against humanity. In a separate case, on 23 January 2020, the International Court of Justice (ICJ) issued provisional measures against Myanmar and directed Myanmar to act in accordance with the Genocide Convention in relation to the members of the Rohingya group in its territory. On 1 February 2021, the Myanmar military overthrew the democratically elected government in an unconstitutional coup. From 2017 to 2021, South Africa exported arms to Myanmar with a total value of R215,735,677 (USD 11,866,216). SALC filed its application in the High Court in October 2022 and on 19 July 2024.
On 19 July 2024, the Gauteng Division of the High Court (Pretoria) set aside permits that were granted by the National Conventional Arms Control Committee (NCACC) to facilitate arms transfers to Myanmar. The order further declares that the NCACC has an obligation to suspend any contract or export permit of arms to a country that (i) has experienced an unconstitutional change of government and/or (ii) is reasonably suspected, by a special rapporteur, independent expert, or other person working in terms of a United Nations mandate, of having committed any crime against humanity, war crime, or genocide.