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

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DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATIONDisputeImmunity dispute where an accredited mission, internationalorganisation or a person is conferred with immunity from thejurisdiction of a South African Court of Law4.2 Disputes Process: Civil casesDisputes inCivil Cases4.2.1 The nature of the dispute and the complainant’s endeavours to resolvethe dispute must be forwarded in writing to the Directorate:Diplomatic Immunities and Privileges of the Branch: State Protocol.The Directorate: Diplomatic Immunities and Privileges acknowledgesreceipt of the complaint/dispute.Sheriff of theCourt4.2.2 A summons delivered by the Sheriff of the Court is handled at theChief Directorate: Consular and Agency Services to be processed interms of the Foreign States Immunities Act, 1981, since suchdocuments are not received at the Directorate: Diplomatic Immunitiesand Privileges.Diplomaticchannel4.2.3 The Directorate: Diplomatic Immunities and Privileges will obtain alegal opinion, if necessary, and deals with the dispute in consultationwith the bilateral or multilateral business unit, the relevant mission orinternational organisation and the complainant to resolve the disputethrough the diplomatic channel within a set timeframe, requestingcompliance with legal obligations.Page 72 of 90
DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION4.2.4 All parties affected are kept informed of developments throughout thedispute process.Noncompliance4.2.5 Should a foreign mission or organisation fail to comply with its legalobligations, a meeting will be scheduled at Directors’ level betweenState Protocol, the bilateral / multilateral business unit, and theSecond-in-Command at the mission / international organisation tohand over a Note Verbale officially requesting compliance with itslegal obligations, within a set timeframe.Escalation toChief of StateProtocol4.2.6 Should non-compliance prevail subsequent to the deadline for aresponse after handing over of the first Note Verbale, a submission tothe Chief of State Protocol will follow with bilateral / multilateralrecommendations, a legal opinion, if necessary, and a final NoteVerbale to be signed by the Chief of State Protocol.4.2.7 The Chief of State Protocol will then call in the relevant Head ofMission or Head of International Organisation Office to personallyhand over a Note Verbale requesting compliance in terms of theVienna Conventions on Diplomatic Relations or the Conventions onthe Immunities and Privileges of the United Nations and itsSpecialised Agencies. The Chief of State Protocol will inform theHead of Mission / International Organisation Office that noncompliancewithin a set timeframe will result in remedial steps takenPage 73 of 90
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