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SA has the law on its side to halt coal sales to Israel, but will it?

South Africa is facing mounting pressure to halt coal exports to Israel after the Boycott, Divestment and Sanctions (BDS) movement formally handed over a detailed legal report to government this week. The report argues that continued exports place the country in violation of both its constitutional obligations and international law commitments.

In December 2023, South Africa took a leading role at the International Court of Justice (ICJ), where the court found that Israel’s conduct in Gaza could plausibly amount to genocide. Under the Genocide Convention, states are obligated not only to prevent and punish genocide, but also to avoid aiding or assisting in it.

Despite this, private companies continue exporting South African coal to Israel. A key energy source that accounted for a significant share of its electricity. The report notes that at least 17 shipments have taken place since 2023, with more already en route this year.

It further highlights the role of state infrastructure, including Transnet’s railway network, which transports coal to the Richards Bay Coal Terminal, directly linking public resources to the export chain.

The report also points to corporate actors. Mining giant Glencore is identified as a dominant exporter, with a long history of controversy, including corruption charges and environmental violations. Activists allege it has increased exports following Colombia’s embargo.

Meanwhile, Africa Rainbow Minerals, which holds a stake in Glencore’s coal operations, continues to profit from these exports.

BDS has given the government 14 days to respond, calling for urgent action to align policy with principle and law.

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