Home > Case Overviews > South African Arms and Yemen
South African Arms and Yemen
Jurisdiction
South Africa
Locale
Armed Conflict in Yemen
Recipient State
Saudi Arabia
Status
Ongoing
In June 2021, two NGOs jointly initiated administrative proceedings in South African courts that seek to challenge licences issued for the export of arms and military goods to countries involved in the Yemen conflict. This claim calls for the review of export licences granted to Saudi Arabia and the United Arab Emirates (UAE) due to their poor human rights record and the strong body of evidence indicating their involvement in the commission of international humanitarian law
International Humanitarian Law (IHL) is the legal framework that governs activities during armed conflict.
Several rights are usually placed at risk by the use of exported arms. The most prominent are the right to life and the right to freedom from torture and cruel, inhuman or degrading treatment or punishment.
This case is still pending before administrative courts.
Latest developments
Case Analysis
Proceedings in South Africa have taken a broader approach and sought to challenge a series of unspecified licences granted by the competent licensing authority for arms exports to Saudi Arabia and the UAE. Reporting on licences in South Africa is often severely delayed and very limited information is provided even when licences are reported on. This has restricted the ability for concerned parties to administratively challenge specific licences until long after they have been issued, and has also prevented cases being brought against specific arms manufacturers as licence recipients as their details are not provided in any public reporting.
This ongoing claim therefore provides a strong opportunity to challenge the practice of South African authorities to regularly issue licences for the export of arms to Saudi Arabia and the UAE, specifically as the claimants have invoked evidence pertaining to the existence of these arms in Yemen.
Themes
iCases
A case initiated in the South African courts is still pending before administrative courts. Click ‘explore case’ to find out about the case in more detail and access all case documents.
Case status
Urgent Application for Judicial Review against the NCACC and Minister of Defence
Explore caseThis case sought to judicially review licensing decisions for the export of conventional arms to Saudi Arabia and the UAE, arguing that the NCACC has failed to seriously consider the large body of evidence indicating the commission of serious IHL and IHRL violations by their forces in Yemen. This case is still under consideration, and has recently been referred for case management in an effort to expedite the case.
Key Case Documents
View all case documents03.06.2021
Notice of Motion in the Complaint against the Chairperson of the NCACC and the Minister of Defence
Read in full24.03.2021
Request to NCACC for Information on Permit Holders for Exports to Saudi Arabia and the UAE
Read in fullTimeline
FILTERS
27 Jan 2022
Directive issued to the NCACC. The judge again calls for the NCACC to comply with the court order and hand over the full record.
03 Aug 2021
Court orders the NCACC to hand over the full record to the Registrar.
15 Jun 2021
Judgement issued on Part A. Alternative remedy accepted.
03 Jun 2021
Case enters the courts. Claim submitted to the North Gauteng High Court in Pretoria seeking disclosure of entities granted the contested export licences (Part A), and the judicial review of licensing decisions (Part B).
Read the claimant's submission hereContact & More Information
If you would like to know more about this case, please get in touch with our primary contacts Michael Marchant (Open Secrets) by email here and Dr. Atilla Kisla (Southern Africa Litigation Centre) by email here.
Find out more about the work of the claimants at their website:
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Key
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There has been a recent worsening of this thematic area
Analysis
07 June 2021
Back to Old Habits? South African Arms Exports to Saudi Arabia and the UAEAtilla Kisla (SALC) | Mail & Guardian
This article provides an overview of the major issues at stake in the case launched against the South African government. It briefly addresses the domestic legal framework, the administrative nature of export permits, and the broader context and implications of the case.
Read more03 June 2021
Open Secrets and SALC Ask the Courts to Review Decisions to Export Arms to Saudi Arabia and the United Arab EmiratesSouth African Litigation Centre and Open Secrets
This fact sheet infographic provides a clear overview of the claim made by Open Secrets and SALC in the North Gauteng High Court. It considers the basis of the request, the grounds of review, the contextual crisis in Yemen and the export of South African arms to this destination.
Read more16 April 2021
South Africa is Putting Profit Before Yemeni LivesZen Mathe and Michael Marchant (Open Secrets) | Al Jazeera
This article South Africa’s complicity in war crimes in Yemen as a result of illegal arms transfers to countries involved in the conflict.
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