In 1998, flanked by US President Bill Clinton and with Table Mountain visible in the background, South African President Nelson Mandela (after warmly welcoming the US president) took the opportunity to first joint press conference with a US president on South African soil to defend the country’s right to maintain positive relations with Libya, Cuba and Iran.
Thirty minutes later, taking a question from the media about the African Growth and Opportunity Act (AGOA) and the “Large number of conditional clausesIncluded, President Mandela acknowledged that his government had “serious reservations” about the proposed legislation and that it was “unacceptable”.
Twenty-six years later, differences between Pretoria and Washington once again raised questions about South Africa’s participation in AGOA. Today’s arbitrariness is fueled by perceptions that South Africa has abandoned its traditional policy of non-alignment, which, view some in Congress, could justify her exclusion from the program.
At a time of democratic backsliding and intensifying global competition in Africa, it would be wrong to deny preferential US market access to South Africa—one of Africa’s strongest democracies and most industrialized economies.
At the same time, Congress proposal It makes sense for the Biden administration to undertake a strategic review of the bilateral relationship – as long as it includes consultations with representatives of the South African government, the private sector and civil society.
The downturn in US-South Africa relations
Washington’s concerns about the direction of South Africa’s foreign policy intensified when South Africa hosted Russia and China for joint naval exercises in February 2023, coinciding with the first anniversary of Russia’s invasion of Ukraine.
Bilateral relations appeared to be at a nadir last May when the US ambassador to South Africa, Ruben Brighetti, claimed at a press conference that South Africa had supplied weapons to Russia via a sanctioned ship, the Lady R. Criticism South Africa for “outrageous” anti-AmericanismAmbassador Brigetti challenged the country’s claim to neutrality among world powers.
In response to these and other events, four influential members of Congress, including Senator Chris Coons, sent a letter to Foreign Minister Antony Blinken in June, suggesting that South Africa might no longer be eligible for AGOA benefits given that it had hosted naval exercises and supplied weapons to Russia and was soon to host the BRICS Summit. The senators called on the Biden administration to move the AGOA forum scheduled to be held in South Africa in October. (The forum went ahead as planned.)
Later in October, many in the US were outraged by South Africa’s Minister of International Relations and Cooperation Naledi Pandor’s decision to hold a call with the leader of Hamas. Washington’s frustration with South Africa, especially in Congress, grew further when Pretoria appealed to the International Court of Justice in January 2024 and accused Israel committed genocide in response to the October 7 attacks by Hamas.
The US Congress pressures South Africa
In response to these actions, Senator Coons increased his pressure on South Africa by introducing a “discussion plan” of revised AGOA legislation that would demand the US Trade Representative to undertake immediate review outside the South African circle (this provision was not included legislation co-sponsored by Senator in April 2024).
Last month, the House Foreign Affairs Committee approved bipartisan legislation mandate full review of bilateral relations with South Africa; The the legislation claims that the actions of South Africa’s ruling African National Congress (ANC) were “inconsistent with its publicly stated policy of non-alignment in international affairs”. The ANC has been criticized for seeking closer ties with China and Russia and for its “history” of siding with nefarious actors such as Hamas and Iran.
AGOA and non-alignment
Part of AGOA’s legislative regulation it requires beneficiary countries to establish market-based economies and political pluralism, avoid actions that undermine US national security, and not engage in gross human rights abuses, among other conditions.
The majority of the 20 countries that have lost AGOA status since the legislation was originally enacted have done so due to coups, conflict or human rights abuses.
No country has been denied access because it does not adhere to a non-aligned foreign policy. In fact, there is no mention of misalignment in the legislative regulation.
At the same time, a doctrine of non-alignment is a commitment by emerging nations to avoid alliances with major powers or blocs, which is consistent with Pretoria’s recent actions. While South Africa has twice hosted joint naval exercises with Russia and China (the first it was in November 2019), it has conducted joint military exercises with the US on four occasions: in 2011, 2013, 2017 and 2022.
South Africa was also the first African nation to join the BRICS and the first African nation to join the G20 (the African Union joined last year). South Africa hosted the BRICS summit last year and will host the G20 summit next year.
China was South Africa’s top export Buy in 2023 ($12.5 billion) and the US was second, taking $8.4 billion from its products.
Also, the African National Congress (ANC) has time identified with and supported the Palestinian cause. The Palestinians lost their lands in 1948 with the creation of Israel. This is the same year that the South African National Party came to power and began implementing apartheid, removing black South Africans from their lands through the creation of “homelands” or Bantustans.
Clearly, the US and South Africa had “disagreements of principle,” as President Cyril Ramaphosa put it recently. But it is hard to see how these differences—or South Africa’s diplomacy over the past two years—have undermined US national security.
Where from here?
Next month, South Africans will vote in their seventh consecutive democratic election. With many polls predicting the ruling ANC to get less than 50% of the vote for the first time, a key question is whether the country will move in a more centrist or populist direction.
Given the current turmoil in US-South Africa relations and the importance of the country’s upcoming elections, the coming months would be an opportune time for the US to conduct a bilateral review of the relationship in consultation with key stakeholders there. The findings could help inform U.S. politics regardless of which party wins in November and, hopefully, lead to stronger relations.
Several areas are clear priorities for both countries. On the security front, South Africa has played a constructive peacekeeping role in Mozambique’s restive Cabo Delgado province. More recently, South Africa has developed 2,900 troops in eastern Democratic Republic of Congo in hopes of quelling the conflict there. A policy review could clarify how the US could support South Africa’s effort to increase security and development in both countries, which is also in the interest of the United States.
On the economic front, President Ramaphosa has struggled in recent months expand the role of South Africa’s private sector to solve the country’s severe energy, water and infrastructure deficits. With 600 American companies live in South Africa, it is worth exploring how US business experience and investment can play a role in this endeavour.
Related to this is the need to accelerate the implementation of the $8.5 billion Just Energy Transition Partnership (JETP) announced at COP26, with strong support from the US and other countries. JETP focuses on the transition of South Africa’s energy sector from coal to cleaner energy sources.
Finally, given the recent spate of coups in the Sahel and Central Africa, South Africa and the US are well placed to collaborate on strategies to strengthen democratic governance across the region.
Initiating a policy review on how the US and South Africa can strengthen regional security, energy transition and democracy in Africa, among other areas, is in the interest of both countries. Denying South Africa AGOA benefits – which would make it the 10th African country to lose access to the program in four years – would only drive Pretoria further away from Western partnerships and markets.