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Chinese ship off Durban Harbour18 April 2008

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Source : SMH website

 Court Documents
 
Durban and Coast Local Division - http://www.saflii.org/za/cases/ZAKZHC/

Founding affidavit

Notice of motion

18 April 2008
4975/08
Bishop Rubin Phillip and Gerald Patrick Kearney v National Convention Arms Control Committee, Minister of Defence, Secretary of Defence, Minister of Foreign Affairs, AB Logistics, Port Captain (Durban Harbour) and Transnet National Ports Authority
Court order

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News release from the Southern Africa Litigation Centre

21 April 2008

South African Navy must stop passage of ship carrying arms for Zimbabwe

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.

Contact :
Nicole Fritz
Telephone : 011-403 3414
Cell : 082-452 3909

Issued by FDBeachhead


News release from the Southern African Litigation Centre

18 April 2008

Urgent application brought to halt offloading and transport of arms bound for Zimbabwe

Durban - An urgent application is being brought in South Africa's High Court to suspend the grant of a conveyance permit allowing the transport of arms, currently on board the An Yue Jiang anchored in Durban's port, to the government of Zimbabwe and to prohibit the offloading of the consignment and any transport of it through or over the Republic of South Africa.

This interim relief is sought pending an application for a court order declaring the decision to grant the conveyance permit to be unlawful and invalid and reviewing and setting aside the decision of the Secretary of Defence who is purported to have granted the conveyance permit.

The application is being brought on behalf of individuals, Bishop Rubin Phillip and Gerald Patrick Kearney, acting in the public interest, with the support of the Southern Africa Litigation Centre. Attorney JP Purshotam and Advocates Malcolm Wallis SC, Angus Stewart and Max du Plessis are acting in the matter.

The legal action will be brought in terms of the National Conventional Arms Control Act (the Act) which requires that any transfer of arms be authorised by a permit issued in terms of the Act. Specifically, the grant of a permit is limited under provisions of the Act which require that such transfer not contribute "to internal repression or suppression of human rights and fundamental freedom" and not provide "arms to governments that systematically violate or suppress human rights and fundamental freedoms".

Nicole Fritz, director of the Southern Africa Litigation Centre (SALC) said : "Given the current situation in Zimbabwe, with increasing accounts of widespread attacks on Zimbabwe's civilian population by government forces, it is hard to imagine clearer circumstances in which South African authorities were obliged to refuse the grant of any conveyance permit".

Contact :
Nicole Fritz
Telephone : 011-403 3414
Cell : 082-452 3909

Issued by FDBeachhead


'Zim weapons ship can secretly offload' - 22 April
The ship carrying weapons from China for Zimbabwe is heading to Angola, and could secretly transfer its cargo to another ship. On Monday, London-based maritime research company Lloyd's MIU said there were 32 ports in Africa capable of taking the An Yue Jiang. "Given the intense media interest and the fact that this ship has six cranes on board, an increasingly likely scenario is the possibility of a ship-to-ship transfer of the controversial cargo 'over the horizon' while the vessel is at sea," said Lloyd's MIU. It said there were 311 vessels in the area capable of taking the cargo, two of which were owned by the An Yue Jiang's owners, the China Ocean Shipping Company. - IOL website

Arms ship 'not in SA waters' - 21 April
A Chinese ship carrying a shipment of arms and ammunition destined for Zimbabwe was not in South African territorial waters, said defence ministry spokesperson Themba Gadebe on Monday. Reacting to a statement by the Southern Africa Litigation Centre (Salc), which claimed the ship, An Yue Jiang, was "passing through South Africa's territorial waters in violation" of a Durban High Court order, he said : "We are keeping track of it and we are certain it is not in South Africa's territorial waters". - News24 website

UN looks to Africa for Zimbabwe resolution - 21 April
The opposition warned that a shipment of Chinese arms destined for Zimbabwe was headed for Angola and not Mozambique as some reports suggested. The weapons would be flown from Angola to Harare, and would be used to crush resistance to Zanu (PF) stealing the elections. The ship is carrying arms, including 3-million rounds of bullets used in AK-47 assault rifles, rocket-propelled grenades and mortar shells. - Business Day website

International labour group mobilises against Zimbabwe arms ship - 21 April
The International Transport Workers' Federation (ITF) said Monday it is mobilising against a ship carrying arms from China destined for Zimbabwe from offloading in any African harbour. "Our objective is to mobilise and organise unions in Africa to take a firm stand and try to stop the ship from offloading these dangerous weapons which could be used to kill Zimbabweans," ITF spokesman in Durban, Sprite Zungu told AFP. - Africasia website

Chinese arms ship heading for Luanda - 20 April
A Chinese ship carrying arms to Zimbabwe, turned away from South Africa, is heading to Angola in the hope of being allowed to dock there, the transport minister of Mozambique said on Saturday. Paulo Zucula, Mozambique's transport and communications minister, said that Mozambique had been monitoring the movements of the ship since it lifted anchor and left South Africa. - IOL website

Zimbabwe arms ship seeks port - 19 April
There are conflicting reports of where a Chinese ship carrying weapons and ammunition destined for Zimbabwe is now heading. The ship lifted anchor and sailed from Durban on Friday evening less than an hour after the Durban High Court ordered that its cargo cannot be transported across SA to Zimbabwe. Initial reports indicated the ship was sailing to the Mozambican ports of Maputo or Beira, but SkyNews reported on Saturday afternoon that the ship appeared to be heading back down the South African coast. Nicole Fritz, the director of the Southern African Litigation Centre, said she had been informed that as the sheriff of the Durban High Court approached the vessel, it lifted anchor and began sailing. The ship's master, who identified himself as captain Sunaijun, told Sapa by radio phone on Friday night : "I am awaiting orders from my owner".  - The Times website

Union refuses to unload arms ship - 17 April
Opposition to a shipment of arms being offloaded in Durban and transported to Zimbabwe increased today when South Africa's largest transport workers union announced that its members would not unload the ship. - The Times website

SAPS, Sars heading for Durban - 17 April
Both the SA Police Services (SAPS) and the SA Revenue Services (SARS) were on Thursday sending their top public relations officers to Durban to deal with media enquiries surrounding a Chinese ship carrying weapons destined for Zimbabwe. Both national police spokesperson Captain Dennis Adriao and Sars spokesperson Adrian Lackay told Sapa that they were on their way to Durban and would comment on the ship once in Durban. - IOL website


Blog reports

Action : Stop the An Yue Jiang from delivering Chinese weapons to Zimbabwe - 20 April
This is Zimbabwe blog

Is the An Yue Jiang on Llyods' casualty list? - 20 April
Scotch Cart in Harare North blog

Chinese soldiers and arms in Zimbabwe? - 16 April
Blogula Rasa blog

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