South Africa
Cluster Munition Ban Policy
Summary: State Party South Africa ratified the Convention on Cluster Munitions on 28 May 2015. It has participated in every meeting of the convention, most recently the Tenth Meeting of States Parties in Geneva in August–September 2022. South Africa voted in favor of an important United Nations General Assembly (UNGA) resolution promoting the convention in December 2022.
South Africa imported cluster munitions in the past, but reported that it stopped producing cluster munitions prior to 1994. South Africa reported a stockpile of 1,495 cluster munitions and 99,465 submunitions, of which it destroyed a portion in 2012. South Africa announced the completion of the destruction of its remaining stocks in September 2023, ahead of its 1 November 2023 deadline.
Policy
The Republic of South Africa signed the Convention on Cluster Munitions on 3 December 2008 and ratified it on 28 May 2015. South Africa became a State Party on 1 November 2015.
South Africa regards its Anti-Personnel Mines Prohibition Act as sufficient to enforce the provisions of the Convention on Cluster Munitions.[1] The National Council of Provinces enacted ratification legislation for the convention in November 2014.[2]
South Africa submitted an initial Article 7 transparency report for the convention on 8 September 2017.[3] It provided four updated reports on 23 June 2023, covering calendar years 2019–2022.
South Africa participated in the Oslo Process that created the Convention on Cluster Munitions, and its policy evolved to support a comprehensive ban on cluster munitions.[4] It hosted a regional meeting on the convention in Pretoria in March 2010.
South Africa has participated in every meeting of the convention, most recently the Tenth Meeting of States Parties in Geneva in August–September 2022.
In December 2022, South Africa voted in favor of a UNGA resolution on implementation of the Convention on Cluster Munitions.[5] South Africa has voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.
In August 2022, South Africa told States Parties that “the use of cluster munitions has a negative effect on the livelihoods of civilians particularly those who live in affected areas. In this regard it is important that we continue to stigmatize the use of cluster munitions. As a weapon of war South Africa therefore condemns the use of cluster munitions by any state or other entity and also calls upon all others to do so as well.”[6]
South Africa has not elaborated its views on several important issues related to the interpretation and implementation of the convention, including the prohibitions on transit; assistance during joint military operations with states not party that may use cluster munitions; foreign stockpiling of cluster munitions; and investment in the production of cluster munitions.
South Africa is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons (CCW).
Use
The South African Defence Force (SADF) used cluster munitions in the past, but there is little public information available on the circumstances or location.[7]
Production
South Africa produced cluster munitions in the past.[8] The South African company Denel manufactured two types of air-dropped bombs:
- The CB-470 aerial cluster bomb containing 40 Alpha submunitions, which was apparently produced only for export; and
- A 255kg aircraft bomb, containing 247 submunitions.
Denel also manufactured two types of 155mm artillery projectiles:
- The M2001 155mm artillery projectile, containing 42 dual-purpose improved conventional munition (DPICM) submunitions with self-destruct features;[9] and
- An M2001 155mm artillery projectile labeled “2201102,” which also contains 42 DPICM submunitions with self-destruct devices.
South Africa’s 2023 transparency report section on its decommissioning of production facilities states: “None. Production ceased prior to 1994.”[10] Previously, its initial transparency report provided in 2017 stated: “None. Production ceased in 2012 at Rheinmetall, denel [sic].”[11]
Transfer
South Africa has not commented on past exports or transfers of cluster munitions that it produced, but the munitions have been seen in several countries. Chile and Peru have reported stockpiling Alpha submunitions. Iraq reportedly acquired the CB-470 in the late 1980s.[12] Demining operators in Mozambique and Zambia have cleared unexploded Alpha submunitions.[13]
Stockpiling
In 2017, South Africa reported a stockpile of 1,495 cluster munitions and 99,465 submunitions, comprised of two types of air-dropped bombs and two types of 155mm artillery projectiles, as shown in the following table.
Cluster munitions once stockpiled by South Africa[14]
|
Type |
Cluster munitions |
Submunitions |
|
225kg aircraft bomb, each containing 247 submunitions |
179 |
44,213 |
|
2201104: 155mm artillery projectile, each containing 42 submunitions |
436 |
18,312 |
|
2201102: 155mm artillery projectile, each containing 42 submunitions |
870 |
36,540 |
|
CB-470 aircraft bomb, each containing 40 submunitions |
10 |
400 |
|
Total |
1,495 |
99,465 |
Stockpile destruction
Under Article 3 of the Convention on Cluster Munitions, South Africa was required to destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but no later than 1 November 2023.
South Africa completed the destruction of its cluster munition stocks on 7 September 2023, and announced this news at the convention’s Eleventh Meeting of States Parties.[15] According to the statement, South Africa will submit its official declaration of completion after it receives official certification and verification from the Department of Defence.
Previously, in August 2022, South Africa reiterated that, “South Africa remains fully committed to concluding this destruction process under Article 3 within the specified time frame.”[16]
According to South Africa’s June 2023 Article 7 transparency report, stockpile destruction planned for 2020 and 2021 “was curbed by COVID-19 restrictions.” It added that the disposal of the stocks “will take place strictly based on priorities.”[17]
On or just before 12 September 2012, South Africa destroyed cluster munitions and related components previously held by Rheinmetall Denel Munition via open detonation/open burning at Alkantpan, including:
- 129 individual submunitions for 155mm artillery projectiles;
- 78,594 components for submunitions used for 155mm artillery projectiles;
- 108 155mm projectiles; and
- 10 CB-470 Alpha cluster bombs, each containing 40 submunitions.[18]
Retention
South Africa has not reported retaining any cluster munitions for research and training purposes.[19] In August 2022, it stated that “South Africa will retain only the minimum number of cluster munitions absolutely necessary for the development and training in cluster munitions and explosive submunition detection, clearance and destruction techniques.”[20]
[1] South Africa Convention on Cluster Munitions Article 7 Report, Form A, 8 September 2017. See, Convention on Cluster Munitions Article 7 Database. South Africa has not amended its Mine Ban Treaty national implementing legislation to incorporate specific provisions of the Convention on Cluster Munitions. The Anti-Personnel Mines Prohibition Act 2003 prohibits South African forces from assisting a state not party to the Mine Ban Treaty with any activity prohibited under the treaty, and includes “transit” under its definition of transfers. It also imposes penal sanctions for violation of the law, including imprisonment for individuals and fines for individuals and corporations. See, Government of South Africa, Anti-Personnel Mines Prohibition Act, No. 36 of 2003, 5 December 2003.
[2] National Council of Provinces, “Minutes of Proceedings,” 18 November 2014. This followed a report issued on 16 October 2014 and approval by the National Assembly on 12 March 2014. See, Parliament of the Republic of South Africa, “Announcements, Tablings, and Committee Reports,” 16 October 2014; and Republic of South Africa, “Minutes of Proceedings of National Assembly,” 12 March 2014.
[3] The report covers activities in calendar year 2015. It was originally due by 29 April 2016.
[4] For details on South Africa’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch (HRW) and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 153–156.
[5] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 77/79, 7 December 2022.
[6] Statement of South Africa, Convention on Cluster Munitions Tenth Meeting of States Parties, Geneva, 31 August 2022.
[7] In 2005, South Africa’s Ministry of Foreign Affairs stated that, “the South African Defence Force has manufactured and used submunitions in the past, which have been phased out, and is in the process of developing newer generations of submunitions.” Communication from the South African Delegation to the Conference on Disarmament, to Pax Christi Netherlands, 19 January 2005.
[8] Ibid.
[9] Denel, “Denel Land Systems: Artillery: Products,” undated; and Leland S. Ness and Anthony G. Williams, eds., Jane’s Ammunition Handbook 2007–2008 (Surrey: Jane’s Information Group, 2007), p. 665. In 2005, South Africa stated that “in the 155mm product line, a back-up self-destruct pyrotechnical feature is incorporated into the fuze which separates the detonation train from the main charge.” Communication from the South African Delegation to the Conference on Disarmament, to Pax Christi Netherlands, 19 January 2005.
[10] South Africa Convention on Cluster Munitions Article 7 Report, Form E, 23 June 2023.
[11] South Africa Convention on Cluster Munitions Article 7 Report, Form E, 8 September 2017. This indicated that the production of cluster munitions at Denel’s facilities in South Africa apparently did not cease until 2012, four years after South Africa signed the convention in December 2008. The Monitor sought clarification from Denel as to when production ceased, but never received a reply. Letter from the Monitor to Rheinmetall Denel Munition (Pty) Ltd., 6 July 2018. German company Rheinmetall Defence acquired four Denel divisions in 2008 and is the majority owner of Rheinmetall Denel Munition (Pty) Ltd. in South Africa. Rheinmetall Defence acquired Denel’s Boksburg, Naschem, Somchem, and Swartklip divisions. While Rheinmetall Defence is the majority shareholder in Rheinmetall Denel Munition, Denel holds 49% of the shares.
[12]Robert Hewson, ed., Jane’s Air Launched Weapons, Issue 44 (Surrey: Jane’s Information Group, 2004), p. 440.
[13] Email from Dr. Robert E. Mtonga, Coordinator, Zambian Campaign to Ban Landmines (ZCBL), 10 February 2009. It is unclear what type of cluster munition was used to deliver the submunitions, who used them, or when, but the Alpha submunition is most often associated with the South African CB-470 cluster bomb; statement of Mozambique, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 15 September 2011. Jane’s Information Group reported that the Alpha bomblet developed for the South African CB-470 cluster bomb was produced by Rhodesia (the predecessor state of Zimbabwe), and that “Zimbabwe may have quantities of the Alpha bomblet.” See, Robert Hewson, ed., Jane’s Air-Launched Weapons, Issue 44 (Surrey: Jane’s Information Group, 2004), p. 440.
[14] South Africa Convention on Cluster Munitions Article 7 Report, Form B, 8 September 2017.
[15] Statement of South Africa, Convention on Cluster Munitions Eleventh Meeting of States Parties, Geneva, 11 September 2023.
[16] Statement of South Africa, Convention on Cluster Munitions Tenth Meeting of States Parties, Geneva, 31 August 2022. South Africa has regularly expressed its intent to meet the stockpile destruction deadline. See, statement of South Africa, Convention on Cluster Munitions Ninth Meeting of States Parties, Geneva, 2 September 2019; and statement of South Africa, Convention on Cluster Munitions Eighth Meeting of States Parties, Geneva, 3 September 2018.
[17] South Africa Convention on Cluster Munitions Article 7 Report, Form B, 23 June 2023.
[18] South Africa Convention on Cluster Munitions Article 7 Report, Form E, 8 September 2017.
[19] South Africa Convention on Cluster Munitions Article 7 Report, Form C, 23 June 2023; and South Africa Convention on Cluster Munitions Article 7 Report, Form C, 8 September 2017. South Africa marked “None” for cluster munition type, and “N/A” (not applicable) for quantity, in every section of Form C in the Article 7 reports.
[20] Statement of South Africa, Convention on Cluster Munitions Tenth Meeting of States Parties, Geneva, 31 August 2022.
Mine Ban Policy
Policy
The Republic of South Africa signed the Mine Ban Treaty on 3 December 1997 and ratified it on 26 June 1998, becoming a State Party on 1 March 1999. Legislation to enforce the antipersonnel mine prohibition domestically was promulgated on 5 December 2003.
South Africa regularly attends meetings of the treaty, including the Third Review Conference in Maputo in June 2014 and more recently the Seventeenth Meeting of States Parties in Geneva in November 2018, where it provided general comments. South Africa did not attend the intersessional meetings of the treaty in May 2019. It last submitted an updated Article 7 transparency report in 2014.
South Africa served as co-rapporteur and later co-chair of the Standing Committee on the General Status and Operation of the Convention from 1999–2000 and 2003–2005.
South Africa is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines and Protocol V on explosive remnants of war. South Africa is also party to the Convention on Cluster Munitions.
Production, use, transfer, stockpiling
South Africa is a past producer and exporter of antipersonnel mines. The United States (US) Department of Defense has identified South Africa as manufacturing six antipersonnel mines: the R2M2, the R2M1, the Mini-MS 803, Shrapnel No. 2, the Type 72 (a direct copy of the Chinese Type 72), and the no. 69 Mk1 (a direct copy of the Italian Valmara 69). South Africa’s mines have been found in Angola, Mozambique, Namibia, Zambia, and Zimbabwe and exported further afield to Cambodia, Rwanda, and Somalia. It stopped production in 1995 and prohibited export in 1996. In May 1996, it suspended the use of antipersonnel mines.
South Africa completed destruction of its stockpile of antipersonnel mines in October 1998. It initially retained 5,000 antipersonnel mines; this number was reduced to 4,291 by the middle of 2012.[1]
South Africa has no mined areas.[2] It has been working with Zimbabwe and Mozambique to clear the Great Limpopo Trans Frontier Park, which is shared by the three countries.[3]