1. Department of International Relations and Cooperation (DIRCO)
DIPLOMATIC IMMUNITIES AND PRIVILEGES

2. DIPLOMATIC RELATIONS OFFICIAL REPRESENTATION
The Vienna Convention on Diplomatic
Relations (VCDR), 1961 and the Vienna
Convention on Consular Relations (VCCR),
1963 are incorporated in the South African
Diplomatic Immunities and Privileges Act,
No 37 of 2001 (amended No 35 of 2008) as
Schedule 1 and Schedule 2 respectively thus
making it domestic law
The Act is commonly referred to as the DIPA

3. DIPLOMATIC RELATIONS OFFICIAL REPRESENTATION (cont)
The Convention on the Privileges and Immunities
of the UN, 1946 applies to the UN and its officials
South Africa applies Equal Treatment to all
States in terms of Article 47 (1) of the VCDR
and not Reciprocity in terms of Article 47 (2)
This means that all Foreign Missions enjoy
the same immunities and privileges in South
Africa

4. DIPLOMATIC REPRESENTATION
There are 330 foreign missions in South Africa consisting of diplomatic missions, consular missions, honorary consular missions, international organizations and 1 liaison office
South Africa has the second largest Diplomatic Corps in South Africa after Washington which totals over ten thousand diplomats and their families which are regularized by State Protocol in DIRCO

5. IMPLEMENTATION OF THE DIPA
Flowing out of the Diplomatic Immunities and Privileges Act, No 37/2001 (amended) is the Policy on the Management of Diplomatic Immunities and Privileges which determines the operationalization of the DIPA
In this regard State Protocol confers and manages immunities and privileges in South Africa of accredited diplomats and is the South African authority on:
Diplomatic identity documents
Substitution of Temporary Residence Visas (TRV’S)
Diplomatic properties

6. IMPLEMENTATION OF THE DIPA (cont)
Diplomatic motor vehicles
Diplomatic passports
Foreign and South African Diplomatic and Consular Appointments
South African diplomatic passports
Foreign visas for SA diplomatic and official passport holders

7. IMPLEMENTATION OF THE DIPA (cont)
Liaison function:
with SAPS on diplomatic security
with the public on minor immunity disputes
with Chief State Law Adviser
International Law on major disputes with the CCMA on labour disputes involving Locally Recruited Personnel (LRP)

8. IMMUNITIES vs. PRIVILEGES
Immunity:
Confers a procedural protection from the enforcement
processes in the receiving State
Privilege:
Some substantive exemption from the laws and
regulations of the receiving State

9. IMMUNITIES AND PRIVILEGES DIFFERENTIATION
PRIVILEGES & EXEMPTIONS
INVIOLABILITY
IMMUNITY FROM JURISDICTION
Property
Inviolability
Inviolability of
residence, vehicles
personal property
and documents
Personal
Inviolability
Inviolability from
arrest or detention
Right to be treated
with courtesy and
respect
Diplomatic Agent
Full immunity
civil and criminal
Int Organisation
Head & Deputy & P5
Consular Agent
Admin/Tech
Functional
immunity
Int Organisation
Officials

10. DIPLOMATIC IMMUNITY
What does it mean?
Immunity from jurisdiction in criminal cases
Immunity from jurisdiction in civil and administrative cases, except matters involving
Private immovable property
Succession: executor/heir in private capacity
Any professional / commercial activity outside diplomatic function

11. DIPLOMATIC INVIOLABILITY
What does it mean?
Inviolability is the term used to express the rule that no agent of the receiving state or its citizens may interfere with anyone entitled to immunities and privileges

12. DIPLOMATIC INVIOLABILITY
What does it imply?
Inviolability of diplomatic premises
Inviolability of diplomatic property
Inviolability of the diplomatic bag / pouch
Inviolability of the person of a diplomat
Inviolability of personal effects of the
diplomat

13. DIPLOMATIC INVIOLABILITY DIPLOMATIC BAG / POUCH
Vienna Convention on Diplomatic Relations: Art 27
The diplomatic bag shall not be opened or detained
It shall bear visible external marks (and seal in
practice)
Contents must be for official use of the mission
RSA Practice:
Do not X-ray diplomatic bags: protect integrity
Sniffer dogs do not intrude on integrity of contents
Report suspect bags to DIRCO

14. DIPLOMATIC INVIOLABILITY DIPLOMATIC BAGGAGE
Vienna Convention on Diplomatic Relations: Art 36
The personal baggage of a diplomat shall be
exempt from inspection; or
Inspection of suspect baggage with irregular /
illegal content shall be conducted in the presence
of the diplomat or his / her appointed agent; e.g.
# Articles prohibited by law
# Articles violating quarantine regulations

15. DIPLOMATIC INVIOLABILITY
However since the VCDR of 1961 there have been a number
of security incidents which have necessitated a change in
this exemption
It should be noted that all Heads of State enjoy full
diplomatic immunities and are not searched in terms of
international law. This does not apply to the Deputy
President. Ministers of Foreign Affairs, to a lesser extent
also enjoy immunities.
All other Ministers and persons are subject to search and
scanning of their luggage

16. DIPLOMATIC PRIVILEGES
These are contained in the Policy on the Management of
Immunities and Privileges, for example, a single diplomat
gets one car duty free whilst a married diplomat (or with a
life partner) get two cars duty free
Other examples are diplomatic number plates, Fuel Levy
Rebate, certain VAT Refunds, payment of rates and
taxes for foreign owned properties, exemption from
personal and public service and exemption from social
security provisions

17. PUBLIC ACCOUNTABILITY
In terms of the VCDR, Article 41, all diplomats must respect the laws and regulations of the receiving State. Below are some of these, e.g. a diplomatic may not speed and must pay any fines issued
Diplomatic Immunities & Privileges Act
Vienna Conventions on Diplomatic and Consular
Relations
Conventions on the Immunities and -Privileges of
the UN
Multilateral treaties between SAG and International
Organisations
Bilateral agreements between SAG and Foreign
Governments

18. PUBLIC ACCOUNTABILITY (cont)
Foreign States Immunities Act
Immigration Act
Road Traffic Act
Value Added Tax Act
Customs and Excise Act
Firearms Act
SA Citizenship Act
SA Passports and Travel Documents Act
Labour Relations Act

19. DIPLOMATIC SECURITY
VCDR: Receiving State has a special duty to provide
security to the diplomatic community i.e.
diplomatic missions, consular posts,
accredited international organisations; foreign
representatives and accredited members
of family
SAPS: Diplomatic Policing Unit (DPU)
DPU nodal point for diplomatic security
Conducts regular patrols at missions and diplomatic
residences

20. DIPLOMATIC SECURITY (cont)
Attends to criminal cases against diplomats
Provides security to missions for diplomatic functions
Assesses security requirements of diplomatic missions
Advice to diplomatic missions on security
Conducts security threats analysis on missions for
static policing

21. DIPLOMATIC CATEGORIES
Diplomatic Immunity is immunity that is at all times
Functional Immunity is immunity only in the exercise
of official duties
A diplomatic passport does not translate to diplomatic
Immunities and Privileges, immunities only apply to
those who are accredited to the relevant receiving State

22. DIPLOMATIC CHALLENGES
Challenges being faced are abuses of diplomatic
immunities and privileges by accredited diplomats and
family members who misuse their immunities, for example,
claiming immunities when they refuse to pay rent, or for
services however they are compelled to adhere in terms
of the VCDR
Other challenges are the abuse of privileges when
diplomats purchase items duty free and resell the items at
a profit. This is a transgression of the DIPA.

23. DIPLOMATIC CHALLENGES (cont)
In terms of Section 11 of the DIPA, the rates and taxes
of foreign owned properties are paid. This is a large
financial responsibility. DIRCO has done a
reciprocity survey and will recommend changes
thus reducing the budget in this regard.

24. ABUSE OF STATUS BY A DIPLOMAT REMEDIES AVAILABLE TO THE RECEIVING STATE
Diplomats bound to respect laws of receiving State (Art 41) Request an official apology by sending State (Note Verbale) Request sending State to waive immunity (Sec 8) Request sending State to recall offending diplomat De-register offending diplomat from DFA accreditation and request immediate departure Declare offending diplomat persona non grata

25. DISPUTES BETWEEN STATES REMEDIES AVAILABLE TO STATES
Breach of International Law: May approach International Court of Justice Request an official apology or correction of a wrong The sending State may break diplomatic relations

26. Thank you