Proposed US laws to punish South Africa are piling up

As the relationship between South Africa and the United States has deteriorated over the past few months, three pieces of legislation have been proposed to penalise South Africa. 

South Africa’s relationship with the US has deteriorated throughout President Donald Trump’s second term, culminating in the US boycotting the recent G20 Leaders’ Summit held in Johannesburg. 

Tensions can be traced back to key issues, including South Africa’s case against Israel at the International Court of Justice (ICJ) in 2024 and the deepening of BRICS partnerships.

This year, the Trump Administration froze nearly all US Aid to South Africa in February, citing claims of racial discrimination against the white Afrikaans minority.

The US then launched a refugee programme for white Afrikaaners, a move Pretoria dismissed as rooted in ‘misinformation and propaganda.’ ”

Since a bilateral meeting between Trump and President Cyril Ramaphosa in May, Trump has repeatedly made the unfounded claim that a “genocide” is taking place in South Africa.

He has claimed that white South African farmers, particularly Afrikaans-speakers, are being killed at much higher rates than other South Africans and are legally persecuted by the South African government.

Africa Check debunked several claims Trump made about the supposed genocide, and South African officials have denied allegations, saying that while violent crime levels are high in the country, they impact all races.

Nonetheless, in July, the US announced a 30% tariff on all South African exports. Ramaphosa has protested the measure as a major blow to jobs and growth.

However, the US is not finished punishing South Africa. There are currently three bills being processed through the US Congress that target South Africa. 

The process of passing a bill in the US requires that the bill be passed from the Senate or the House of Representatives to an appropriate committee. 

The bill is then reported to the full chamber if it receives a majority vote. It must again receive a majority vote of over 51% in the full chamber to proceed.

It is then referred to either the House of Representatives or the Senate, depending on where it was first proposed.

The second chamber can then pass it or reject it. If it is passed, it is referred to the president to be signed into law.

US-South Africa Bilateral Relations Review Act of 2025 -2633

This bill, proposed by Congressman Ronny Jackson, would allow the US to sanction a selection of South African government officials and African National Congress (ANC) leaders.

The bill was tabled in the House of Representatives in April. It has since been amended and, after a vote, has been sent to the full chamber for consideration. 

34 representatives voted to impose the bill, while 13 voted against it. 

Jackson argues that “the actions of factions within the ANC…are inconsistent with the South African Government’s publicly stated policy of nonalignment in international affairs.”

He said that the ANC has a history of siding with “malign actors” such as Hamas, and continues to pursue closer ties with China and Russia. 

The bill further criticised the South African Government’s stance on the conflict in Gaza, as well as the conflict in Ukraine and its interactions with the Chinese Communist Party.

It added that the ANC-led government has a history of “substantially mismanaging state resources and has often proven incapable of effectively delivering public services.”

The bill cites “chronic mismanagement” at Eskom, the inefficiency of Transnet, outbreaks of cholera and “rampant state capture” as proof of the ANC’s failures. 

According to the document, it is in the “national security interests” of the US to deter South Africa’s strategic cooperation with Russia, China and Hamas. 

If the bill is enacted, within 120 days, Trump will provide a list of senior South African Government officials and ANC leaders that will be sanctioned by the US.

US South Africa Bilateral Relations Review Act -2752

This bill, tabled by Congressman John Kennedy in the Senate on 10 September, is similar to Jackson’s proposed bill.

However, Kennedy goes one step further, proposing that the US remove South Africa as a beneficiary of the African Growth and Opportunity Act (AGOA), as well as of the Trade Act of 1974. 

AGOA was implemented in 2000, providing eligible countries with duty-free access to the US market for over 1,800 products. 32 countries are currently benefitting from AGOA, including South Africa. 

To meet the requirements for AGOA, countries must be making progress towards a market-based economy, uphold the rule of law, have political pluralism and the right to due process. 

They must also be working to eliminate barriers to US trade and investment and be enacting policies to reduce poverty, combat corruption and protect human rights. 

The Trade Act of 1974, on the other hand, outlines the President’s control in expanding foreign trade and reducing barriers to trade. 

The bill has been referred to the Committee on Foreign Relations. 

Extension and Bilateral Engagement Act of 2025 -2958

Congressman Kennedy has further tabled another bill to amend AGOA to allow for the exclusion of South Africa. 

The bill was tabled in the Senate on 30 September and has been referred to the Committee on Finance. 

As the AGOA programme will end in 2025. This bill proposes deepening trade and investment flows between the US and at least 5 beneficiary countries.

The decision of which countries will be included will be made according to the AGOA criteria, as well as “capacity to comply with obligations under agreements with the United States.”

Countries will also be chosen based on “respect for democratic governance, rule of law and human rights.”

The bill makes it clear that South Africa will not be among the selected countries and will no longer be part of AGOA should the bill pass.

All of the proposed bills include a condition that President Trump draw up a comprehensive review of the relationship between the US and South Africa.

In addition, a report “explicitly stating whether South Africa has engaged in activities that undermine the national security or foreign policy interests of the US” will be provided, with detailed justification for the measures.