Addressing Egregious Actions of The Republic of South Africa
This Presidential order halts US aid to South Africa in response to the country's Expropriation Act 13 of 2024, which facilitates the seizure of Afrikaner agricultural land without compensation.
The order cites South Africa's human rights abuses, including racially discriminatory policies and inflammatory rhetoric, as well as its foreign policy stances that pose national security threats.
The order prioritizes humanitarian relief for affected Afrikaners via refugee resettlement and directs executive departments to halt all aid, except where deemed necessary by relevant agency heads.
Arguments For
- Intended benefits: Protecting human rights of Afrikaners, counteracting South Africa's hostile foreign policy, aligning US actions with its stated values.
- Evidence cited: South Africa's Expropriation Act 13 of 2024, accusations of genocide against Israel, and strengthening relations with Iran are presented as evidence of human rights violations and threats to US national security.
- Implementation methods: Halting aid, prioritizing Afrikaner refugee resettlement, utilizing existing executive department authorities.
- Legal/historical basis: The President's constitutional authority and existing laws.
Arguments Against
- Potential impacts: Strained US-South Africa relations, potential negative consequences for other humanitarian efforts in South Africa, challenges to implementing the resettlement plan.
- Implementation challenges: Determining which aid to halt, ensuring efficient and ethical refugee resettlement process, handling potential legal challenges to the executive order.
- Alternative approaches: Diplomatic pressure, targeted sanctions, focusing on specific discriminatory practices instead of overall aid suspension.
- Unintended effects: Hurtful impact on innocent South African citizens, potential political instability in South Africa, increased resentment towards the US.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. _ Purpose. In shocking disregard of its citizens’ rights, the Republic of South Africa (South Africa) recently enacted Expropriation Act 13 of 2024 (Act), to enable the government of South Africa to seize ethnic minority Afrikaners’ agricultural property without compensation. This Act follows countless government policies designed to dismantle equal opportunity in employment, education, and business, and hateful rhetoric and government actions fueling disproportionate violence against racially disfavored landowners.
In addition, South Africa has taken aggressive positions towards the United States and its allies, including accusing Israel, not Hamas, of genocide in the International Court of Justice, and reinvigorating its relations with Iran to develop commercial, military, and nuclear arrangements.
The United States cannot support the government of South Africa’s commission of rights violations in its country or its ‘undermining United States foreign policy, which poses national security threats to our Nation, our allies, our African partners, and our interests.
This section establishes the rationale for the Presidential order.
It details South Africa's enactment of Expropriation Act 13 of 2024, which allows for the seizure of Afrikaner land without compensation.
It also highlights a pattern of discriminatory policies and actions, along with actions viewed as aggressive towards the US and its allies in international affairs.
The US concludes that it cannot condone these actions, citing national security concerns.
Sec. 2. _ Policy. It is the policy of the United States that, as long as South Africa continues these unjust and immoral practices that harm our Nation:
(a) the United States shall not provide aid or assistance to South Africa; and
(b) the United States shall promote the resettlement of Afrikaner refugees escaping government-sponsored race-based discrimination, including racially discriminatory property confiscation.
This section outlines the US policy response.
As long as South Africa continues its discriminatory practices, the US will not provide aid to South Africa.
Furthermore, The US will actively support the resettlement of Afrikaner refugees fleeing the government's actions.
Sec. 3. Assistance. (a) All executive departments and agencies (agencies), including the United States Agency for International Development, shall, to the maximum extent allowed by law, halt foreign aid or assistance delivered or provided to South Africa, and shall promptly exercise all available authorities and discretion to halt such aid or assistance.
(b) The head of each agency may permit the provision of any such foreign aid or assistance that, in the discretion of the relevant agency head, is necessary or appropriate.
This section instructs all relevant executive departments and agencies to halt aid to South Africa.
Agency heads retain some discretion to allow aid deemed necessary or appropriate under exceptional circumstances.
Sec. 4. Refugee Resettlement and Other Humanitarian Considerations. The Secretary of State and the Secretary of Homeland Security shall take appropriate steps, consistent with law, to prioritize humanitarian relief, including admission and resettlement through the United States Refugee Admissions Program, for Afrikaners in South Africa who are victims of unjust racial discrimination. Such plan shall be submitted to the President through the Assistant to the President and Homeland Security Advisor.
This section directs the Secretaries of State and Homeland Security to develop a plan to prioritize humanitarian relief, including the resettlement of Afrikaner refugees, through the US Refugee Admissions Program.
This plan must be submitted to the President for review.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This section contains general provisions.
It clarifies that the order does not diminish existing legal authorities within executive departments.
It emphasizes that implementation is subject to existing laws and available funding.
Finally, it explicitly states that the order does not create any legally enforceable rights.