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

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DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATIONthrough the highest political office.4.2.8 The Note Verbale will be handed over by the Chief of State Protocolin the presence of senior management of the relevantbilateral/multilateral/ Protocol business units.Escalation toMinister ofInternationalRelations andCooperation4.2.9 Continued non-compliance Step 1: Protocol prepares a Ministerialminute to address the matter through Ministerial level within a settimeframe;Escalation tolegal domain:ForeignStatesImmunitiesAct4.2.10 Continued non-compliance Step 2: Protocol in conjunction withOCSLA (IL) informs the complainant to consider instituting legalproceedings using private counsel against a diplomatic missionaccording to the procedures set out in section 13(1) of the ForeignStates Immunities Act, 1981 in the case of a diplomatic mission (notapplicable to diplomats and international organisations).Legalcertificate4.2.11 Court proceedings and verification requests:As and when required: Protocol in consultation with OCSLA (IL),provides an executive certificate stating the Department’saccreditation records, in terms of section 9(3) of the DiplomaticImmunities and Privileges Act, 2001 (Act No 37 of 2001) as amended(see Annex A).Page 74 of 90
DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATIONWaiver ofimmunity4.2.12 Court proceedings against an individual who enjoys immunity:Protocol in conjunction with OCSLA (IL) requests the sending Stateor the international organisation to consider waiving the individual’simmunity to enable him/her to appear in court.Remedies:refusal towaiveimmunity4.2.13 Refusal to waive immunity and continued non-compliance to legalobligations by the sending State or international organisationinvolving a transferred representative in dispute will result in anofficial request to immediately recall the offending representative orhis/her member of family, with the provision that the Departmentwould no longer recognise the diplomat in the event of noncompliancewithin a set timeframe. This will result in an immediatede-registration of the person from the Department's records, whenstakeholders and law enforcement will be accordingly informed.Defaultjudgment4.2.14 Non-compliance to waiver of immunity for a mission representative toappear in court on behalf of a mission in dispute could result in adefault judgment. Non-compliance on default judgment: the Branch:State Protocol shall prepare a Ministerial Minute to requestcompliance by the sending State.Page 75 of 90
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