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A review of South Africa’s arms control governance after 2015
Thesis (LLM)--Stellenbosch University, 2024.
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| Format: | Thesis |
| Language: | English |
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Stellenbosch : Stellenbosch University
2025
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| _version_ | 1867613908616871936 |
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| access_status_str | Open Access |
| author | Khanyile, Moses Bongani |
| author2 | Quinot, Geo |
| author_browse | Khanyile, Moses Bongani Quinot, Geo |
| author_facet | Quinot, Geo Khanyile, Moses Bongani |
| author_sort | Khanyile, Moses Bongani |
| collection | Thesis |
| dc_rights_str_mv | Stellenbosch University |
| description | Thesis (LLM)--Stellenbosch University, 2024. |
| format | Thesis |
| id | oai:scholar.sun.ac.za:10019.1/131711 |
| institution | Stellenbosch University (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:43:37.288Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Stellenbosch : Stellenbosch University |
| publisherStr | Stellenbosch : Stellenbosch University |
| record_format | dspace |
| source_str | SUNScholar — Stellenbosch University Repository |
| spelling | oai:scholar.sun.ac.za:10019.1/131711 A review of South Africa’s arms control governance after 2015 Khanyile, Moses Bongani Quinot, Geo Nel, Michelle Nel, Michelle (Military lawyer) Stellenbosch University. Faculty of Law. Dept. of Public Law. Arms control -- South Africa Military weapons -- Law and legislation -- South Africa Nuclear nonproliferation -- Government policy -- South Africa South Africa -- National Defence Force -- Military policy UCTD Thesis (LLM)--Stellenbosch University, 2024. ENGLISH ABSTRACT: The period after the 1994 democratic transition in South Africa saw several policy changes in the arms control framework. These were captured in various pieces of legislation, White Papers and Defence Reviews. South Africa, unlike many countries on the African continent, had been involved in the full spectrum of arms production, including the typical weapons of mass destruction (nuclear, biological and chemical – NBC weapons) and conventional arms. However, in the early 1990s South Africa had already decided to relinquish its nuclear status and acceded to international non-proliferation mechanisms. While it is undeniably true that the afore-mentioned policy documents laid the foundation for South Africa’s future defence policy in a constitutional democracy, the 2015 Defence Review is recognised as the most consequential document for both the South African National Defence Force (SANDF) and the defence industry. This study set out to analyse the global and national arms control framework in relation to South Africa’s defence industry performance in the aftermath of the 2015 Defence Review. Both the NBC and conventional weapon and material control regimes were scrutinised in terms of the obligations imposed on the signatories, the domestication efforts, the implementation dynamics, and the resultant impact on the South African defence industry (SADI). The study has concluded that South Africa is a signatory and active role-player in many arms control instruments where, in some cases, it is the only country from the African continent. The existing instruments are noble in intention, but they are subject to abuse or misuse for political and economic motives, informed by national and/or regional interests. Geopolitics and protectionist tendencies in international trade, sometimes shrouded in lawfare tactics, continue to stifle competition in global arms trade. It has been established that South Africa has a robust arms governance framework which has been domesticated through targeted legislation and regulations, and dedicated institutions that are responsible for regular reporting to Parliament and associated international bodies. The outbreak of COVID-19 did not adversely affect the reporting frequency and compliance with international standards, but the performance of the defence industry was hugely impacted. The immediate period after the promulgation of the 2015 Defence Review saw a significant increase in the demand for export permits to an even greater number of countries than before 2015. The type, quantities and value of military hardware exported signified a renewed impetus in the defence industry performance which may be attributable to better clarity in the arms control framework as articulated in Chapter 15 of the 2015 Defence Review. Despite the policy clarity provided by the Defence Review, SADI continued to express reservations about the bureaucratic processes involved in the issuance of permits which compromised its competitiveness in the global marketplace. It called for the centrality of national interests when the National Conventional Arms Control Committee (NCACC) considered applications for permits. It was in this context that the study makes some recommendations which sought to improve the compliance standards with the international arms control requirements, while enhancing the competitiveness of SADI. Some of the recommendations include improved co-ordination between the oversight agencies responsible for NBC and conventional arms and materials control mechanisms. The introduction and operationalisation of an online platform for the registration and processing of permit applications would go a long way towards unblocking the bureaucratic bottlenecks. The involvement of SADI in the decision-making process may contribute towards enhancing transparency, but it should not compromise the independence of the decision-making bodies. The implementation of the Defence Industry Strategy and its associated Aerospace and Defence Master Plan would place the SADI on a growth trajectory that would ensure sustainability, retention of skills and improvement of the country’s industrial capacity. AFRIKAANSE OPSOMMING: Geen opsomming beskikbaar. Masters 2025-02-20T06:41:52Z 2025-02-20T06:41:52Z 2024-12 Thesis https://scholar.sun.ac.za/handle/10019.1/131711 en Stellenbosch University xiii, 158 pages : illustrations application/pdf Stellenbosch : Stellenbosch University |
| spellingShingle | Arms control -- South Africa Military weapons -- Law and legislation -- South Africa Nuclear nonproliferation -- Government policy -- South Africa South Africa -- National Defence Force -- Military policy UCTD Khanyile, Moses Bongani A review of South Africa’s arms control governance after 2015 |
| title | A review of South Africa’s arms control governance after 2015 |
| title_full | A review of South Africa’s arms control governance after 2015 |
| title_fullStr | A review of South Africa’s arms control governance after 2015 |
| title_full_unstemmed | A review of South Africa’s arms control governance after 2015 |
| title_short | A review of South Africa’s arms control governance after 2015 |
| title_sort | review of south africa s arms control governance after 2015 |
| topic | Arms control -- South Africa Military weapons -- Law and legislation -- South Africa Nuclear nonproliferation -- Government policy -- South Africa South Africa -- National Defence Force -- Military policy UCTD |
| url | https://scholar.sun.ac.za/handle/10019.1/131711 |
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