Abstract
This study offers a descriptive analysis of how South Africa’s weapons of mass
destruction (WMD) history evolved after the country relinquished its nuclear weapons
programme and halted all offensive chemical and biological activities in the early
1990s. It further evaluates how illicit trafficking networks subsequently infiltrated the
South African nuclear industry and how the state’s regulatory and enforcement
authorities handled the contraventions of the non-proliferation and arms control
legislation within the existing regulatory framework. A legislative analysis follows this
to determine whether the regulatory framework is dynamic enough to respond to a
fluid international non-proliferation landscape. The study ends with recommendations
for the improvement of the framework. Following a qualitative methodological
approach, with semi-structured interviews, the study fills a gap in that there has not
been any previous in-depth assessment of the impact of illicit trafficking of strategic
goods on South Africa’s policy and legislation on disarmament, non-proliferation and
arms control; how the policy and legislative landscape evolved over the years; and
whether the current non-proliferation policy, legislation, and strategic trade control
framework should be improved in light of the rapid development of advanced and
specialised technologies crucial for South Africa's economic growth and advancement.
The findings show that the South African strategic trade controls evolved in line with,
inter alia, scientific and technological developments, advancements in new and
emerging technologies, and international best practices. Furthermore, South Africa’s
historical WMD programmes provided key lessons and experiences, which were
utilised to improve the strategic trade control legislative and regulatory framework. The
significance of the study was, therefore, to provide recommendations for the
improvement and strengthening of the current South African non-proliferation and
arms control strategic trade control framework.