South Africa Case Law

Agboraw N.O and Another v Minister of International Relations and Co-operation and Others (Leave to Appeal) (2024-096838)

Agboraw N.O and Another v Minister of International Relations and Co-operation and Others (Leave to Appeal) (2024-096838) [2024] ZAGPPHC 1123 (1 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-096838

Judge

Mooki

Leave to appeal was dismissed. The court held that AFCONE lacked standing under the Host Agreement and that it could not grant relief tied to proceedings before international bodies.

• Diplomatic Immunity
• Host Agreement Interpretation
• Interim Relief
• Judicial Discretion
• International Obligations
• Review Of Administrative Action

Belchir v Malik Laboraties Pty (Ltd) (58472/2020)

Belchir v Malik Laboraties Pty (Ltd) (58472/2020) [2022] ZAGPPHC 397 (26 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

58472/2020

Judge

N.P. Mali

The High Court dismissed a rescission application, holding that the applicant’s diplomatic immunity had lapsed before the cause of action arose.

• Rescission Of Default Judgment
• Diplomatic Immunity
• Rule 42 Uniform Rules
• Acknowledgment Of Debt
• Rescission-of-default-judgment
• Rule-42

Democratic Alliance v Minister of International Relations and Co-operation and Others; Engels and Another v Minister of International Relations and Co-operation and Another (58755/17)

Democratic Alliance v Minister of International Relations and Co-operation and Others; Engels and Another v Minister of International Relations and Co-operation and Another (58755/17) [2018] ZAGPPHC 534; [2018] 4 All SA 131 (GP); 2018 (6) SA 109 (GP); 2018 (2) SACR 654 (GP) (30 July 2018)

Court

North Gauteng High Court, Pretoria

Case number

58755/17

Judge

Vally

The court found that there is no settled customary international law norm granting automatic immunity rationae personae to the spouse of a head of state. Even if such immunity existed under international law, South African law, through the Foreign States Immunities Act, specifically excludes immunity in cases involving personal injury. The Minister's decision to confer or recognise immunity on Dr Mugabe was not supported by law, was inconsistent with the Constitution, and was therefore unlawful. The administrative act conferring immunity remains valid until set aside, but must be reviewed and…

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• Diplomatic Immunity
• Customary International Law
• Promotion Of Administrative Justice Act
• Constitutional Supremacy
• Gender Based Violence
• Judicial Review

Van Zyl and Another v Kolsch (23207/2014)

Van Zyl and Another v Kolsch (23207/2014) [2018] ZAGPJHC 115 (18 April 2018)

Court

South Gauteng High Court, Johannesburg

Case number

23207/2014

Judge

C.H. Nicholls

Liquidators set aside payments to a consul-general as dispositions without value and defeated a consular immunity defence.

• Insolvency Act Section 26
• Dispositions Without Value
• Liquidation
• Diplomatic Immunity
• Onus Of Proof
• Insolvency-act-section-26

Engels and Another v Minister of International Relations and Cooperation and Others (Embassy of the Republic of Zimbabwe Intervening) (58792/2017)

Engels and Another v Minister of International Relations and Cooperation and Others (Embassy of the Republic of Zimbabwe Intervening) (58792/2017) [2017] ZAGPPHC 667 (6 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

58792/2017

Judge

Kooverjie

Interlocutory ruling on intervention and locus standi in an ex parte application for edictal citation and substituted service.

• Locus Standi
• Intervention Application
• Substituted Service
• Edictal Citation
• Diplomatic Immunity
• Locus-standi

T.A.E.N v E.N (41999/15)

T.A.E.N v E.N (41999/15) [2015] ZAGPPHC 465 (26 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

41999/15

Judge

M F Legodi

The High Court dismissed a jurisdictional point in limine in an urgent Rule 43 application, holding that the respondent’s functional diplomatic immunity did not bar maintenance and guardianship relief.

• Diplomatic Immunity
• Rule 43 Applications
• Maintenance Pending Divorce
• Guardianship Of Minors
• Diplomatic-immunity
• Rule-43-applications

Southern Africa Litigation Centre v Minister of Justice And Constitutional Development and Others (27740/2015)

Southern Africa Litigation Centre v Minister of Justice And Constitutional Development and Others (27740/2015) [2015] ZAGPPHC 402; 2016 (1) SACR 161 (GP); 2015 (5) SA 1 (GP); [2015] 3 All SA 505 (GP); 2015 (9) BCLR 1108 (GP) (24 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

27740/2015

Judges

D Mlambo, E A P Ledwaba, H J Fabricius

The Full Court held that South Africa was under a clear legal obligation, both under international law (Rome Statute) and domestic law (Implementation Act), to arrest and detain President Omar Al Bashir upon his entry into the country, pursuant to ICC warrants for war crimes, crimes against humanity, and genocide. The Cabinet resolution and Ministerial notice, which purported to grant immunity to President Bashir during the AU Summit, could not lawfully suspend these obligations. The host agreement and notice did not confer immunity on heads of state, and the Immunities Act did not domesticat…

Source excerpt

• Rome Statute Implementation
• Diplomatic Immunity
• Enforcement Of International Arrest Warrants
• Separation Of Powers
• Rule Of Law
• Judicial Authority