According to Minister in the Presidency Khumbudzo Ntshavheni, South Africa is a responsible arms trader and does not allow the re-export of munitions to countries participating in armed conflicts.
Her statement comes as the Economic Freedom Fighters (EFF) alleges munitions exported to Germany by Rheinmetall Denel Munition (RDM) are being re-exported to Israel and Ukraine.
In her position as Minister in The Presidency, Ntshavheni was allocated a caretaker role for State-owned enterprises (SOEs) in the now disbanded Ministry of Public Enterprises. This ended on 31 March this year when SOE responsibility moved to – in Denel’s case – the Defence and Military Veterans Ministry where Angie Motshekga holds sway.
Ntshavheni’s response and explanation of RDM and possible National Conventional Arms Control Act (NCACA) transgressions was given to Economic Freedom Fighters National Assembly (NA) public representative Vuyani Pambo ahead of SOEs moving to what are termed “line management ministries”.
He sought clarification as to whether 155 mm ammunition manufactured in South Africa by RDM for the German Bundeswehr was then exported to Israel and the Ukraine. If this was so, then according to the EFF Parliamentarian, should action not be taken against RDM as being in breach of NCACA regulations?
On ammunition exports from RDM to Germany, the Ntshavheni reply reads: “The arms transfer activities that were approved by the [National Conventional Arms Control] Committee (NCACC) for the Federal Republic of Germany for specific munition calibre as contained in the question did not grant a consent for re-export or alienation to countries that are/were participating in armed conflicts; i.e. contracting and export permits. In the absence of specific period in the question; the Committee used its discretion to sample its records reasonably in order to verify the allegations. In terms of the provisions of the Act, records must be maintained for a period not exceeding five years”.
Replying to Pambo’s question of whether she intends to initiate an immediate and total suspension of arms exports from RDM plants in South Africa until a full investigation into “RDM’s breach of the Republic’s laws and arms control regulations,” she further informed her questioner South Africa is “a responsible arms trader” and, as such, “adheres” to international treaties and agreement.
“South Africa respects the sovereignty of the country [Germany] alleged to be in violation and also values its bilateral and trading relationship. In order for the Committee to initiate a diplomatic dialogue as required in terms of section 17(1) of the Act, it is therefore imperative that factual reports are brought to bear through the official channels.”
“The process of transferring controlled items is legitimate and transparent to ensure proper accountability,” her written response reads in part. It adds by way of explanation “In terms of section 23 of the NCACA, South Africa reports annually to international export control regimes”. These are given as the UN (United Nations) Arms Trade Treaty (ATT) and the UN Register of Conventional Arms (UNRCA) 46/36L of 6 December 1991.
EFF permanent representative on the Joint Standing Committee on Defence, Carl Niehaus, on 14 April wrote to Ntshavheni expressing concerns over South Africa’s arms control practices. He quoted a December 2023 Rheinmetall statement detailing a major artillery ammunition order for Ukraine, claiming RDM would contribute to meeting Ukraine’s needs. However, the Ukraine order will be fulfilled by Rheinmetall Expal Munitions plants in Spain, and not South Africa.
Niehaus also claimed that South Africa has supplied arms to countries that supply Israel “fuelling its genocide in Gaza” and accused the National Conventional Arms Control Committee (NCACC) of failing to monitor end user compliance.
“The NCACC’s inability to enforce End User Certificates (EUCs) stems from chronic under-resourcing and a lack of follow-up mechanisms. European and Middle Eastern countries have refused South African inspections, and the NCACC has failed to challenge this resistance. The committee’s reports are vague and not up-to-date, violating the transparency requirements of the ATT and UNRCA,” Niehaus stated.
“The long-term damage to South Africa’s global reputation far outweighs short-term economic gains,” he said of South African arms exports.
Niehaus demanded full transparency of RDM operations, an investigation and physical inspection of RDM factories and export records, suspension of exports pending the investigation’s outcome, reconsideration of the agreement granting Rheinmetall a 51% stake in RDM, strengthening NCACC capacity, and a review of past exports.
African Defence Review Director Darren Olivier said Niehaus’s “extraordinary claims require extraordinary evidence. This isn’t even ordinary evidence.”
“As for the claims regarding Israel, it should stand to reason that merely supplying unrelated weapons and systems to countries that also supply Israel doesn’t equate to supplying Israel. I’d expect a claim like this to have actual evidence of SA munitions or systems in IDF [Israel Defence Force] service.”
Olivier pointed out that South Africa even refused to export RDM ammunition to Poland, a country that passes all the NCACC guidelines as defined in the NCAC Act, just because of a never-explained belief that it might re-export it to Ukraine.
“I have many problems with the way the NCACC works and I’d welcome more transparency and reform. But it’s vital that MPs and officials have access to accurate information to avoid making bad decisions. Stopping RDM sales to Europe will likely kill the company, is that the goal here?” he asked.
Independent defence analyst Kobus Marais called Niehaus “a political opportunist who clearly believes that if he cries wolf-wolf enough, then there must be a wolf. There is no substantive evidence for his wild claims.”
The RDM joint venture came into existence on 1 September 2008 with the German company Rheinmetall acquiring the majority – 51% – share of what was Naschem and Somchem, both operating in what was then called Denel’s “pyrotechnic business”.
