Policy on the Management of Diplomatic Immunities and Privileges ...

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DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATIONPART 3:DIPLOMATIC SPOUSAL EMPLOYMENT IN THE RSA3.1 IntroductionObligations 3.1.1 The Department introduced standardised models through anexchange of Diplomatic Notes to maintain equal terms andconditions for employment of spouses of foreign representatives atmissions and representatives of international organisations conferredwith diplomatic status by authorising a particular spouse for aspecific work and to link it to reciprocal treatment for South Africa ina bilateral situation. This constitutes an administrative arrangementwith the Department authorising spouses to take up employment.3.1.2 For both States and International Organisations the spouse'sdiplomatic identity document is withdrawn, re-issued and endorsed toindicate that a spouse who engages in professional services forremuneration outside the mission will in terms of Article 31.1(c) ofthe Vienna Convention on Diplomatic Relations of 1961 not enjoyimmunity from the civil and administrative jurisdiction of thereceiving State.Page 52 of 90
DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATIONScope ofApplication3.1.3 Part 3 of the policy is applicable to spouses of members of the staff ofa diplomatic mission and a consular post. It is also applicable to thespouse of the Head of Office and senior officials with the rank of P5and D1 of the United Nations Organisation and its Agencies accreditedwith diplomatic status in the Republic.Objectives3.1.4 To institute a framework for a reliable, predictable and transparentmanagement system to regulate spousal employment in the RSA.Mandates andAuthorisation3.1.5 Part 3 of the policy is informed by: Constitution of the Republic of South Africa, 1996 The Diplomatic Immunities and Privileges Act, 2001 (Act No 37 of 2001)as amended Vienna Convention on Diplomatic Relations and Consular Relations of1961 and 1963 respectively Convention on the Immunities and Privileges of the United Nations andits Specialised Agencies of 1947 Any other relevant legal provisionsPage 53 of 90
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