South Africa Case Law

Von Abo v President of the Republic of South Africa (CCT 67/08)

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)

Court

Constitutional Court

Case number

CCT 67/08

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

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 confirmatio…

Source excerpt

• Confirmation Of High Court Orders
• Conduct Of The President
• Diplomatic Protection
• Separation Of Powers