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)
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