South African citizens can be proud of the legislation that is supposed to govern the National Conventional Arms Control Committee (NCACC). It has flaws in that, for example, it fails to outlaw arms transfers to undemocratic countries.
But it also outlaws the sale of arms to countries that systematically abuse human rights and the need for reduced military expenditure in the interests of development and human security must be heeded.
Furthermore, the legislation demands transparency and lays down strict reporting requirements. While the functions of the NCACC may be delegated, applications for arms-sales permits must be considered case by case.
When it comes to the implementation of this legislation, South African citizens must hang their heads in shame.
It transpires that, in contravention of the case-by-case requirement, the NCACC has given carte blanche to defence secretary January Masilela to grant permits for arms sales and conveyance of arms, to Zimbabwe. The argument by Masilela that there was no problem in selling or conveying arms to Zimbabwe because there is no arms embargo against that country is either disingenuous or a display of absolute ignorance of the requirements of the legislation.
In general the impression created by the NCACC is that it will sell arms to virtually any regime, regardless of the legislation. The only criteria that it appears to take seriously are arms embargoes to which South Africa is party and the interests of the South African military.
The NCACC also failed to present to Parliament and release to the public its annual reports for the years 2005 to 2007. This should have been done within three months after the end of those years.
It also failed to make quarterly reports to Parliament.
Slurce: Mail & Guardian
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