The recently passed bill, pending further review from the Senate and US president, jeopardises not only US-South Africa relations but also the foundational pillars of the modern international order by overlooking critical factors that inform South Africa’s foreign policy decisions.
Modern international relations is founded on the principles of mediation, diplomacy, state sovereignty and international law. These principles, rooted in the Peace of Westphalia Agreement, affirm that each state has the right to craft its foreign policy to advance its national interests. South Africa has consistently championed peace, security, conflict resolution, cooperation, international development, justice and freedom. This commitment is evident in its advocacy for equal application of international law, human rights, and peaceful conflict resolution initiatives like the African Peace Initiative Mission to Ukraine and the South Africa International Court of Justice case.
The current multilateral framework, underpinned by international law, upholds state sovereignty and equality in international law. Yet, external forces like economic muscle of states and coercion increasingly undermine these principles, pushing the world towards greater insecurity. In 2022, the United Nations secretary general’s High-Level Panel on Effective Multilateralism recommended enhanced international cooperation to address global problems and advance the 2030 Agenda for Sustainable Development. But non-cooperation and economic coercion when countries exercise their foreign policy pose significant threats to global security. The recently passed bill threatens the fundamental foundations of already troubled multilateralism.
The recent US House of Congress bill on US-South Africa Relations Review endangers the spirit of multilateralism and the principles of international law and state sovereignty. Claims that the South African government “sides with malign actors” overlook the positive and mutually beneficial relationship between the two nations, but also fails to tolerate the type of foreign policy each state can advance per the principles of modern international relations. These assertions fail to respect the principles of diplomacy and state sovereignty in the advancement of foreign policy interests. South African foreign policy interests have always included equality and justice when it comes to the application of international law, human rights, justice and freedom. The actions and inactions of the South African government have never compromised on these principles, and if they have, modern diplomacy offers several tools for resolution of misunderstandings.
As South Africa’s second-largest trading partner after China, the US plays a crucial role in their bilateral relationship. The bill, now awaiting Senate and presidential review, jeopardises South Africa’s access to the African Growth and Opportunity Act (Agoa), which facilitated $23.7 billion in two-way trade in 2023. With significant bilateral investments creating thousands of jobs, the bill threatens the economic success of US and South African companies alike. The bilateral investments between these two countries have been a source of employment with about 22 South African companies currently investing in the US and employing more than 6 000 people. The US has more than 600 companies investing in South Africa, and the review threatens the success of these companies in both US and South African markets.
South Africa’s central role in the implementation of the African Continental Free Trade Area (AfCFTA) could benefit the US as a gateway to a $3.4 trillion single market. Moreover, South Africa’s commitment to democracy, justice, and freedom aligns with US values and foreign policy. Given the recent political instability in some parts of Africa, the US should focus on maintaining a stable relationship with South Africa to safeguard its investments across the continent. The recent undemocratic and unconstitutional change of governments in many African countries, coup d’etat in the Sahel region and disputed election outcomes in most African countries should be another angle in which the US views its relationship with South Africa. South Africa has a great influence on the continent, and the US could use its stable relationship with South Africa to safeguard its investments in several regions in the continent while deepening democratic principles and institutions.
Finally, allegations that the South African government “sides with malign actors” disregard the profound and mutually advantageous relationship between the two nations and reveals a disregard for the sovereign right of each state to pursue its own foreign policy, as enshrined in the principles of contemporary international relations. These assertions undermine the core tenets of diplomacy and state sovereignty, posing a great threat to the fragile framework of multilateralism. The recently passed bill, pending further review from the Senate and US president, jeopardises not only US-South Africa relations but also the foundational pillars of the modern international order by overlooking critical factors that inform South Africa’s foreign policy decisions.
Mpilo Cele is the executive chairperson of the South African Youth Association of Global Affairs.