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

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DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION4.3 Diplomatic incidents: Criminal casesProcess:criminalincidents4.3.1 The SAPS Diplomatic Policing Unit will immediately inform theBranch: State Protocol of a criminal case involving a member of theaccredited diplomatic and international communities. The Directorate:Diplomatic Immunities and Privileges will accordingly inform- Chief of State Protocol / Acting Chief of State Protocol- Office of Chief State Law Adviser (International Law)- Relevant bilateral / multilateral business unit4.3.2 In instances where a foreign representative and/or a member of familyhave been traumatised, the Chief of State Protocol will contact theHead of Mission / International Organisation telephonically to expressregret and sympathy. On the first working day following the incident,representatives of the Branch: State Protocol will pay a personal visitto the affected transferred representative to demonstrate empathy.Diplomaticchannel4.3.3 The Branch: State Protocol will obtain a SAPS report and, ifnecessary, a legal opinion, monitor SAPS investigations and keepaffected parties officially informed.Page 76 of 90
DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATIONCriminal actsby personsconferredwith immunity4.3.4 In instances where a person conferred with immunity commits anoffence, the relevant international law remedies are applied and theDepartment may consider requesting the waiver of such person’simmunity to allow him/her to appear in court; or such person’simmediate recall; or the de-registration of the representative /representative’s dependent from the records of the Department; ordeclaring the alleged offender persona non grata.Waiver ofimmunity4.3.5 The Branch: State Protocol, in consultation with OCSLA (IL),requests the sending State or the international organisation to considerwaiving the immunity of the person conferred with immunity whocommits an offence, to allow him/her to appear in court to stand trial.Remedies:refusal towaiveimmunity4.3.6 Refusal to waive immunity of an offender conferred with immunity,and continued non-compliance to legal obligations where the personcommitted an offence could result in an official request to the sendingState or international organisation to immediately recall the allegedoffender, with the provision that the Department would no longerrecognise the diplomat in the event of non-compliance within a settimeframe. This will result in an immediate de-registration of theperson from the Department's records, when stakeholders and lawenforcement will be accordingly informed.Page 77 of 90
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