South Africa’s policy paradox

Can it support Palestine while supplying Israel with coal?

ANALYSIS | SURAYA DADOO | Despite having taken Israel to the International Court of Justice over genocide, South Africa is now the country’s main coal supplier after Russia.

Since 1994, South Africa’s criticism of Israel’s occupation of Palestine has been unwavering and Pretoria has led efforts in blocking Israel from gaining observer status at the African Union (AU).

By hauling Israel before the International Court of Justice (ICJ) earlier this year for breaching the United Nations (UN) Genocide Convention in its ongoing bombardment and starvation of Palestinians in the Gaza Strip, South Africa was seen by many to have restored its reputation as a global moral heavyweight and a defender of international law.

However, while South Africa is one of Palestine’s staunchest allies on the continent, it also stands accused of fueling the Israeli war machine that has killed more than 40,000 Palestinians.

Israeli genocide: powered by South Africa?

More than 15% of coal consumed by Israel has been of South African origin. South Africa is now Israel’s main coal supplier (behind Russia) after Colombian president, Gustavo Petro, banned coal exports to Israel in August, citing the use of Colombian coal by Israel against Palestinians in Gaza.

Since October 2023, three shipments of coal – totalling almost 500 kilotonnes – left South Africa’s main coal-exporting terminal, the Richards Bay Coal Terminal (RBCT), for Israel, according to global trade data website Kpler.

Global Energy Embargo for Palestine, an international coalition calling for a complete energy embargo on Israel says these coal supplies have enabled Israel to continue its bombardment of Palestinians in Gaza, generate electricity for illegal Israeli settlements in the Occupied Palestinian Territories (OPT) and run its arms industry to continue to maintain its 76-year occupation of Palestine.

“The terrifying reality of genocide and occupation faced daily by Palestinians is made possible by the finance, weapons and energy transported to Israel by countries around the world, including South Africa. We recognise that the South African government has already stood for Palestine by taking Israel to the ICJ over its war crimes and genocidal operations in Gaza. Now we urge South African leaders to impose an immediate ban on coal exports to Israel,” says a representative of the coalition who asked not to be named.

The coalition is also mobilising trade unions, civic groups and solidarity movements. South Africa’s largest trade union federation, the Congress of South African Unions and its affiliate, the National Union of Mineworkers, support a ban on coal exports to Israel, as do environmental groups and social justice movements in the country.

Third States and corporate complicity

Irene Pietropaoli, senior fellow in business and human rights at the British Institute of International and Comparative Law, says that governments and corporations must be wary of their complicity in Israel’s violations of international humanitarian law.

“Arms, weapons, ammunition, vehicles and other military supplies, including technology and fuel, are crucial for the activities of the Israeli air force, ground forces and navy, and are making an essential contribution to the violations of international humanitarian law in Gaza and genocidal acts against the Palestinians,” she says.

“Third States must consider that their military or other assistance to Israel’s military operations in Gaza may put them at risk of being complicit in genocide under the Genocide Convention. Corporations and their managers, directors and other leaders could also be held directly liable for the commission of acts of genocide, as well as war crimes and crimes against humanity.”

RBCT lists 15 companies as coal exporting parties, including some of South Africa’s biggest energy corporations like Sasol and Glencore.

Asked about possible corporate complicity in Israeli violations of international law and genocide, spokesperson, Shivani Chetram, said: “[Glencore] does not accept this allegation which has no foundation.”

The Swiss mining giant has already come under fire for complicity in Israeli violations of international law. In May, activists protested outside Glencore’s annual shareholder meeting in Zurich for supplying Colombian coal to Israel. Similar protests were held in August at Glencore’s Johannesburg offices.

“[Sasol Mining] is not privy to the end-use destinations of our coal product or where our customers ultimately sell on our coal,” spokesperson Alex Anderson says.

According to spokesperson Chrispin Phiri, South Africa’s Department of International Relations and Co-operation (Dirco) is leading and engaging other government departments to ascertain what South African coal is being used for in Israel. “In the event that [South African] coal is used to aid the conflict, the provisions of the Foreign Military Assistance Act may be applicable.”

In terms of this legislation, South Africans whose actions potentially contribute to the violation of international law and the commission of further international crimes are liable for prosecution in South Africa.

Israel’s coal imports are used to power its electricity grid, run by the Israel Electric Company (IEC). This is a centralised grid that also provides electricity to the illegal and expanding settlements in the OPT as well as to Israel’s military infrastructures. South Africa may be powering the Israeli war machine that it has accused of genocide, and undermining the very judgment that found in its favour.

Although Dirco is centrally involved in the South African government’s ICJ case against Israel, Phiri says that “the sale of coal by South Africa to Israel is a trade-related matter that may be best addressed by the competent national departments”.

At the time of writing, The Africa Report had still not received a response from South Africa’s Department of Trade, Industry and Competition (Dtic).

Cold diplomacy, hot trade

Post-apartheid South Africa’s diplomatic relations with Israel have been rocky. South Africa has not had an ambassador in Tel Aviv since 2018 and the embassy has been downgraded to a liaison office.

While diplomatic relations between Israel and South Africa have cooled, bilateral trade has not. “After a trade agreement was concluded between the two nations in 2004, trade between Israel and South Africa increased by 7% each year from 2005 onwards, peaking at $1.19bn in 2012,” says Na’eem Jeenah, senior researcher at the Mapungubwe Institute for Strategic Reflection (MISTRA) in Johannesburg.

Trade began decreasing in 2013 after Israel launched ‘Operation Pillar of Defence’ against Gaza which killed several hundred Palestinians.

Democratic South Africa has always been open for business with Israel and its illegal settlements in the OPT. Dtic only requires that settlement goods be distinguished from goods made in Israel. South Africa is Israel’s largest trading partner on the continent and, until 2018, Israel’s only trade and economic mission in Africa was in Johannesburg.

Has South Africa prevented genocide?

Between January and May this year, after the ICJ ruled that the South African government had made a sufficiently plausible case of genocide against Israel, South African companies exported almost $100m worth of goods to Israel. Imports from Israel matched the value of exports in the same period.

Neither the SA-Israel Chamber of Commerce nor the trade mission at the Israeli embassy in South Africa responded to The Africa Report’s requests for comment on the economic relations between Israel and South Africa, despite the ongoing ICJ case.

The duty to prevent genocide requires States to employ all means available to them. This obligation, says Pietropaoli, is one of conduct rather than result. “It is not about whether the State achieves the result of preventing genocide, but whether it took all measures which were within its power and which might have contributed to preventing the genocide,” she says.

“The South African government has certainly not taken all measures within its power,” says Roshan Dadoo of the South African BDS Coalition. “Boycott, divestment and sanctions are powerful weapons that can contribute to the prevention of genocide but they have not been utilised by the South African government.”

Although South Africa’s coal supplies to Israel account for just 0.3% of its coal exports, it is a significant source of energy for Israel, says Shir Hever, a progressive political economist on Israel. “Cutting off South African coal supplies would hinder Israel’s ability to sustain its war effort.”

Yet another ICJ ruling against Israel

The case for boycotting Israel is growing rapidly. On 19 July, the ICJ issued yet another damning judgment against Israel. In a landmark advisory opinion, the court ruled that Israel’s policies and practices in the OPT amounted to colonisation, racial discrimination and apartheid. Israel was ordered to end its occupation.

Consequently, 124 nations, including South Africa, supported a United Nations General Assembly resolution in September calling for an end to the Israeli occupation of Palestine within a year and the imposition of sanctions for non-compliance.

South Africa has also confirmed that it will be continuing its legal proceedings against Israel at the ICJ – despite Israel’s attempts to use the US Congress to pressure it to drop its case.

But will these turn out to be hollow actions if South Africa allows its energy resources to fuel Israel’s occupation and – as the ICJ found in January and July – genocide and apartheid?

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Source: The Africa Report