South Africa Case Law

Minister of Justice and Constitutional Development and Others v Southern African Litigation Centre and Others (867/15)

Minister of Justice and Constitutional Development and Others v Southern African Litigation Centre and Others (867/15) [2016] ZASCA 17; 2016 (4) BCLR 487 (SCA); [2016] 2 All SA 365 (SCA); 2016 (3) SA 317 (SCA) (15 March 2016)

Court

Supreme Court of Appeal

Case number

867/15

Judges

Lewis, Ponnan, Shongwe, Majiedt, Wallis

The Supreme Court of Appeal held that the Implementation Act, which incorporates South Africa's obligations under the Rome Statute, expressly excludes head of state immunity as a bar to arrest and surrender in relation to ICC warrants. Section 4(2) and section 10(9) of the Implementation Act override any immunity conferred by customary international law or the Diplomatic Immunities and Privileges Act (DIPA) in this context. The hosting agreement and ministerial proclamation did not confer immunity on President Al Bashir, as they applied only to AU officials and not to heads of state. The cour…

Source excerpt

• Rome Statute Implementation
• Head Of State Immunity
• Customary International Law
• Diplomatic Immunities And Privileges Act
• Judicial Cooperation With Icc
• Statutory Interpretation

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

Minister of Justice and Constitutional Development and Others v The Southern Africa Litigation Centre (27740/2015) [2015] ZAGPPHC 675 (16 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

27740/2015

Judges

D Mlambo, A.P. Ledwaba, H. J. Fabricius

The High Court dismissed leave to appeal as moot, holding the dispute no longer had practical effect after President Bashir left South Africa.

• Head Of State Immunity
• Implementation Of Rome Statute
• Diplomatic Immunities
• Leave To Appeal
• Mootness
• Superior Courts Act