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South Africa Case Law

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Public International Law [2007] ZASCA 109

Van Zyl and Others v Government of Republic of South Africa and Others (170/06)

Van Zyl and Others v Government of Republic of South Africa and Others (170/06) [2007] ZASCA 109; [2007] SCA 109 (RSA); [2008] 1 All SA 102 (SCA); 2008 (3) SA 294 (SCA) (20 September 2007)

Court
Supreme Court of Appeal
Case number
170/06
Judges
Harms, Heher, Cachalia, Hurt, Mhlantla

The Supreme Court of Appeal held that South African law does not confer a right to diplomatic protection on nationals, especially not a right to a particular form of protection. The Government's duty is limited to considering requests for diplomatic protection rationally and in good faith. In this case, the Government received the appellants' request, considered it properly, and declined to act for rational policy reasons. The appellants failed to establish any enforceable right to diplomatic protection under South African or international law. The corporate appellants and trusts did not qual…

Source excerpt

  • Diplomatic Protection
  • Expropriation Without Compensation
  • Exhaustion Of Local Remedies
  • Nationality Rule
  • International Delict
  • Judicial Review
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Constitutional Law [2005] ZAGPHC 70

Van Zyl and Others v Government of the Republic of South Africa and Others (20320/02)

Van Zyl and Others v Government of the Republic of South Africa and Others (20320/02) [2005] ZAGPHC 70; [2005] 4 All SA 96 (T); 2005 (11) BCLR 1106 (T) (20 July 2005)

Court
High Courts - Gauteng
Case number
20320/02
Judge
E M Patel

The court held that diplomatic protection is a discretionary right of the State under international law and not an enforceable right of individuals or companies. The applicants, being companies incorporated in Lesotho, are not South African nationals for purposes of diplomatic protection, and their shareholders do not acquire such rights by virtue of shareholding. The applicants failed to exhaust local remedies in Lesotho, and no international delict was established. The decisions of the respondents refusing diplomatic protection were informed by policy considerations and were neither arbitra…

Source excerpt

  • Diplomatic Protection
  • Review Of Executive Action
  • Expropriation Without Compensation
  • Legitimate Expectation
  • Exhaustion Of Local Remedies
  • International Minimum Standard
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.