Von Abo v President of the Republic of South Africa (CCT 67/08) [2009] ZACC 15; 2009 (10) BCLR 1052 (CC) ; 2009 (5) SA 345 (CC) (5 June 2009)

Von Abo v President of the Republic of South Africa (CCT 67/08) [2009] ZACC 15; 2009 (10) BCLR 1052 (CC) ; 2009 (5) SA 345 (CC) (5 June 2009)

The Constitutional Court held that the High Court order declaring the failure to provide diplomatic protection unconstitutional does not concern conduct of the President within the meaning of section 172(2)(a) of the Constitution. The responsibility for diplomatic protection lies with the government and the relevant Cabinet Minister, not the President personally. The High Court order did not specify conduct attributable to the President, but rather referred to the respondents collectively. Therefore, the application for confirmation was misconceived and the order is not subject to confirmation by the Constitutional Court. The Court emphasized the need for precision in identifying the...

Citation
[2009] ZACC 15
Parties
Applicant: Crawford Lindsay Von Abo; Respondent: President of the Republic of South Africa
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
5 June 2009
Case Number
CCT 67/08
Procedural Posture
Constitutional Confirmation / Application for Confirmation of High Court Order Under Section 172(2)(a) of the Constitution
Outcome
Application for confirmation struck off the roll; no order as to costs for the confirmation application; respondent ordered to pay wasted costs for interlocutory applications.
Judges
Moseneke DCJ, Langa CJ, Cameron J, Mokgoro J, Ngcobo J, Nkabinde J, O'Regan J, Sachs J, Skweyiya J, Van der Westhuizen J, Yacoob J
Legal Topics
Confirmation of High Court Orders, Conduct of the President, Diplomatic Protection, Separation of Powers
Constitutional Law Civil Procedure Confirmation of High Court Orders Conduct of the President Diplomatic Protection Separation of Powers

Case Brief

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Parties

Crawford Lindsay Von Abo

Applicant

President of the Republic of South Africa

Respondent

Procedural Posture

Constitutional Confirmation / Application for Confirmation of High Court Order Under Section 172(2)(a) of the Constitution

Legal Issues

  1. 1 Does the failure of the President to provide diplomatic protection constitute 'conduct of the President' under section 172(2)(a) of the Constitution, requiring confirmation by the Constitutional Court?
  2. 2 Is the High Court order declaring the conduct of the respondents unconstitutional subject to confirmation by the Constitutional Court?
  3. 3 What is the proper attribution of responsibility for diplomatic protection within the national executive under the Constitution?

Ratio Decidendi

The Constitutional Court held that the High Court order declaring the failure to provide diplomatic protection unconstitutional does not concern conduct of the President within the meaning of section 172(2)(a) of the Constitution. The responsibility for diplomatic protection lies with the government and the relevant Cabinet Minister, not the President personally. The High Court order did not specify conduct attributable to the President, but rather referred to the respondents collectively. Therefore, the application for confirmation was misconceived and the order is not subject to confirmation by the Constitutional Court. The Court emphasized the need for precision in identifying the...

Court Disposition

Application for confirmation struck off the roll; no order as to costs for the confirmation application; respondent ordered to pay wasted costs for interlocutory applications.

Orders

  • The application for confirmation of paragraph 1 of the High Court order, to the extent that it refers to the President, is struck off the roll.
  • No order as to costs is made in relation to the application for confirmation.