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Litigation centre urge SA navy to block arms ship


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22 April 2008

The Southern Africa Litigation Centre (SALC) has received confirmation that the Chinese ship, the An Yue Jiang, carrying arms destined for Zimbabwe, has been spotted off the coast of South Africa and is en route to Lobito, Angola.

At present the ship is passing through South Africa's territorial waters in violation of Friday's court order and SALC calls upon the South African Defence Force, in particular the Navy, to stop the passage of the ship.

The court order granted by Durban's High Court suspends the operation of the conveyance order required for transfer of arms anywhere in South
Africa, including its territorial waters.

Without this permit, the Chinese ship is in breach of South African law, namely the National Conventional Arms Control Act. South Africa's Defence Act specifically provides for law enforcement powers of the Defence Force at sea.

Nicole Fritz, director of SALC, said, "South African authorities are required to stop the passage of this ship through South African waters and enforce Friday's court order. If they do not stop the ship, knowing that it is within South African waters and in breach of South African law, they provide tacit support and assistance for the transfer of these arms knowing that they are likely to be used in the commission of the worst sort of human rights violations in Zimbabwe."

SALC has also received reports that the ship may dock in Walvis Bay, Namibia, for refuelling before proceeding to Lobito, Angola. Fritz said:"there are fears that the arms will then simply be airlifted from Lobito to Zimbabwe."

Maritime experts have indicated that the ship will likely reach Lobito, if it does not refuel in Walvis Bay, by the end of the week. SALC's partners in Namibia, the Legal Assistance Centre, are considering possible legal action to prevent any docking in Namibian ports.

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