The United States (US) has announced a sanctions policy targeting South African leaders and officials who enact or enable racial discrimination, incite violence, or facilitate land confiscation without compensation in South Africa.

US Secretary of State Marco Rubio announced the policy on Tuesday, accusing the South African government of failing to address rural crime, inflammatory rhetoric, and discriminatory policies affecting Afrikaners and other minorities.

According to Rubio: “The South African government has not adequately addressed the previously laid out concerns and so today, I am announcing a new visa restriction policy under Section 212(a)(3)(C) of the Immigration and Nationality Act targeting foreign nationals who are responsible for, or complicit in, the enactment or implementation of laws or policies that enable uncompensated land seizures, race-based discrimination, and/or the incitement of imminent violence against members of minority ethnic or racial groups in South Africa.”

Rubio said, “The United States will not allow such behaviour to go unchecked. These actions directly undermine peace, economic stability, and the rule of law, and they are incompatible with the pillars of America’s foreign policy.” 

He continued, “Those responsible for these injustices have no place in the United States.” His announcement identified categories of conduct being targeted without naming individuals facing restrictions.

The South African government hit back with a statement later on Tuesday. The statement said that the minister of international relations and cooperation, Ronald Lamola, "noted with concern the unilateral visa restrictions announced by his counterpart Secretary Marco Rubio. The announcement once again, aligns with the mischaracterisation of South Africa’s domestic policies by fringe groups who wrongly portray themselves as representatives of 'minorities' and Afrikaners in general. We reiterate that Healing (sic) the divisions of the past and establishing a society based on democratic values, social justice and fundamental human rights is a constitutional imperative. South Africa remains committed to address the injustices of the past and contemporary challenges as a sovereign people. It is our sovereign right to put in place laws that address the nation’s concern over centuries of racial injustice. Legislation in the democratic era is intended to improve the plight of the people who had been excluded for centuries. This is consistent with other countries who have a similar experience to South Africa.

"Furthermore, South Africa as part of its commitments to the international convention on the eradication of racial discrimination and the protection of the dignity of all people has enacted the Prevention and Combating of Hate Crimes and Hate Speech Act 16 of 2023. This legislation sets a stringent legal framework for the eradication of hate speech and the prosecution of hate crimes. This law is binding on both the State and non-state actors.

The statement continued, "South Africa respects that the United States may hold different views regarding particular measures and their implementation; however, we remain committed to addressing these challenges through our constitutional institutions, democratic processes and the rule of law, with the objective of building a more equal and inclusive society for all South Africans. The people of South Africa respect the right of American people to develop laws to address their conditions. It is our expectation that people of South Africa must be afforded the same respect as sovereignty demands. The South African government remains seized with the challenges of crime in South Africa which affects everyone and not targeting anyone based on their race, colour, or social origin.

"Therefore, the ongoing South Africa – United States bilateral discussions on these matters demonstrate the importance that both countries attach to finding a lasting solution. The discussions have highlighted the need for any resolution to consider South Africa’s unique circumstances and to respect its democracy, constitution, sovereignty, and the will of its people. We maintain that challenges in our bilateral relations with the USA can only be resolved by constructive engagement through state actors on both sides of the diplomatic channel not unilateral acts," the statement concluded.

A post on X from the official account of the US Ambassador to South Africa, L Brent Bozell III, emphasised the American government's stance. It said: "As has been made absolutely clear, the time for endless 'dialogue' has run its course. No more. America has just so much patience. We want strong, and lasting relations with the South African government. It needs to show it wants the same. So far it has shown it cares for neither. As a result, the consequences, as I've attempted time and again to express, are necessarily going to be severe. This visa restriction policy is only the first step in a series of escalatory measures that will show America's firm resolve in this matter."

The US decision comes after South Africa missed a series of deadlines to address US concerns around South African foreign policy actions and the use of black empowerment criteria as non-tariff barriers to US trade and investment efforts, while threats to the commercial interests of US firms in South Africa continue under other South African expropriation statutes.

The US has for well over a year sought to secure a new trade and investment pact with South Africa but has run into considerable resistance from the South African government.

This is despite the fact that South Africa’s economy continues to perform poorly relative to its global peers and that this is a key reason why the African National Congress (ANC) lost the 2024 national election.

Marius Roodt told The Common Sense, “Conceivably, under the new American policy, an individual or entity that promotes or enforces a racial policy or expropriation policy that prejudices an American company or that of an American ally could be denied access to the United States. What this move suggests is that the Trump administration has reached a point where it believes that negotiations are futile and that hard pressure needs to be applied to the South African government and ANC.”