EO 14204: Addressing Egregious Actions of The Republic of South Africa

Executive Orders

TLDR

This executive order suspends U.S. aid to South Africa and prioritizes refugee assistance for Afrikaners, citing South Africa’s 2024 Expropriation Act and foreign policy positions on Israel and Iran. The order was significantly influenced by Elon Musk, who serves as Trump’s advisor and heads the Department of Government Efficiency, while having business interests in South Africa through Tesla and Starlink.

This executive order focuses on implementing sanctions against South Africa and providing refugee assistance to Afrikaners.

Key Provisions

Aid Suspension

The order mandates an immediate halt to U.S. foreign aid and assistance to South Africa, with agency heads retaining discretion to permit aid deemed necessary or appropriate.

Refugee Assistance

The State Department and Department of Homeland Security are directed to prioritize humanitarian relief and refugee resettlement for Afrikaners through the U.S. Refugee Admissions Program.

Analysis

Stated Justification

The order cites two main justifications:

  • South Africa’s Expropriation Act 13 of 2024, which allegedly enables property seizure without compensation
  • South Africa’s foreign policy positions, particularly regarding Israel and Iran

Policy Implementation

The order establishes a framework for:

  • Halting U.S. aid programs to South Africa
  • Creating preferential refugee status for Afrikaners
  • Maintaining executive agency discretion in specific cases

Implications

Diplomatic Impact

This order represents a significant shift in U.S.-South Africa relations and could have far-reaching consequences for:

  • Bilateral relations between the two nations
  • Regional stability in Southern Africa
  • U.S. influence in the African continent

Legal Considerations

The order includes standard provisions maintaining that it:

  • Does not impair existing executive authority
  • Must be implemented within existing legal frameworks
  • Creates no new legal rights or benefits

Fact Check

Claims vs Reality

The order’s characterization of South Africa’s policies requires scrutiny:

  • The actual implementation and scope of the Expropriation Act
  • The nature of South Africa’s relationship with Iran
  • The context of South Africa’s ICJ position regarding Israel

Elon Musk appears to have significantly influenced Trump’s Executive Order through several key channels:

Musk serves as a close advisor to Trump and heads the newly established Department of Government Efficiency. His position gives him direct access to shape policy decisions.

As a South African-born businessman with ongoing business interests in the country, Musk has been particularly vocal about South African policies.

Musk’s policy influence:

  • Musk has consistently criticized South Africa’s policies, claiming they are “openly racist” against white citizens
  • He previously accused the South African government of allowing “genocide” against white farmers in 2023
  • His public statements about South Africa’s land policies closely align with the language used in Trump’s executive order
  • Musk’s Starlink service has been denied a license in South Africa due to Black Economic Empowerment regulations
  • He was in negotiations with South Africa about relaxing these requirements in exchange for Tesla investments

The executive order appears to follow a pattern where:

  1. Musk publicly criticizes South African policies
  2. Trump threatens to cut aid
  3. South Africa attempts to negotiate through Musk
  4. Trump formalizes the policy through this executive order

This sequence suggests Musk’s criticisms and business interests have played a crucial role in shaping the administration’s approach to South Africa.

This executive order represents a significant departure from traditional U.S. policy toward South Africa and could have substantial implications for international relations, humanitarian assistance, and regional stability in Southern Africa.

ACTIONS

  • After Trump’s initial threats, South African President Ramaphosa reached out to Musk through his father to arrange discussions (citation coming)

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.

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.

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.

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.

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.

© 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.

THE WHITE HOUSE, February 7, 2025.