PERFORMANCE MANAGEMENT POLICY - South …

1 DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION. Subject POLICY ON THE MANAGEMENT OF diplomatic immunities AND. privileges IN THE REPUBLIC OF South AFRICA. Compiled by Branch: State Protocol Domain State Protocol POLICY ON THE MANAGEMENT OF. diplomatic immunities AND privileges . IN THE REPUBLIC OF South AFRICA. Page 1 of 90. DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION. Table of Contents PART 1: diplomatic immunities AND privileges IN THE REPUBLIC OF South . AFRICA 5. 1. Introduction .. 5. Obligations .. 5. Scope of Application .. 6. POLICY Objectives Part 1 .. 7. Glossary of Terms .. 9. 2. diplomatic List .. 10. 3. Appointments and Accreditation .. 10. 4. diplomatic Properties/Premises.

2 17. 5. Duty Free Importation and Purchases .. 19. 6. diplomatic Vehicles .. 20. Quotas 20. Pro-rata taxes .. 21. Pre-owned .. 22. Direct Imports .. 22. Left Hand Drive Vehicles .. 23. diplomatic Vehicle Registration Numbers .. 23. Vehicles belonging to Honorary Consular Posts .. 24. Export Clearances .. 24. Foreign Driver's Licences .. 24. 7. Refund of Excise duty and fuel levy on petrol/ diesel purchases for motor vehicles .. 26. 8. Refund of Value Added Tax .. 26. 9. Refunds of TV licences .. 29. 10. Police Protection and Traffic Arrangements .. 29. Emergencies 29. Ad hoc Requests for additional security .. 30. 11. 31. 12. Traffic Offences .. 31. Domestic Law .. 31. Speed Limits .. 32. Road Traffic Regulations.

3 35. Pedestrians .. 36. Page 2 of 90. DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION. Seat Belts .. 36. Accidents .. 36. Theft 37. PART 2: ESTABLISHMENT AND ACCREDITATION OF INTERNATIONAL 41. ORGANISATIONS IN THE RSA .. 1. Introduction .. 41. Obligations .. 41. Scope of Application .. 41. POLICY Objectives Part 2 .. 42. Mandates and Authorisation .. 42. Glossary of Terms .. 43. 2. Requirements for the establishment and accreditation of an international office and its transferred representatives .. 43. Standard Host Country Agreement .. 44. 3. Procedures for accreditation of transferred personnel of International Organisations .. 45. Announcement of Head of Office .. 45. Presentation of letter of assignment by Head of Office.

4 46. immunities and privileges of International Organisations .. 46. privileges of Offices of International Organisations .. 47. Accreditation of International Organisation personnel .. 48. PART 3: diplomatic SPOUSAL EMPLOYMENT IN THE RSA .. 52. 1. Introduction .. 52. Obligations .. 52. Scope of Application .. 53. POLICY Objectives Part 3 .. 53. Mandates and Authorisation .. 53. Glossary of Terms .. 54. Spousal employment 55. Model A: Spousal Arrangement for States .. 57. Model B: Spousal Arrangement for International Organisations .. 63. PART 4: IMMUNITY DISPUTES IN THE RSA .. 69. 1. Introduction .. 69. Obligations .. 69. Page 3 of 90. DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION.

5 Scope of Application Part 4 .. 70. Objectives .. 70. Mandates and Authorisation .. 71. Glossary of Terms .. 71. 1. Disputes Process: Civil cases .. 72. 2. diplomatic incidents: Criminal cases .. 76. Annexure A .. 79. Certificate issued in terms of Section 9(3) of the diplomatic immunities and privileges Act 79. Certificate issued in terms of Section 12(3) of the diplomatic immunities and privileges Act 81. PART 5: DISPUTES BY LOCALLY RECRUITED PERSONNEL EMPLOYED AT MISSIONS. IN THE RSA .. 83. 1. Introduction .. 83. Obligations .. 83. Scope of Application .. 84. Objectives .. 84. Mandates and Authorisation Part 5 .. 84. Glossary of Terms .. 85. 2. Process for serving a referral form and Provisional Award.

6 86. 3. The CCMA resolves the dispute by way of conciliation and / or arbitration .. 88. 4. The CCMA issues an award after having determined the Dispute .. 89. 5. Default awards .. 90. 6. Enforcement of arbitration awards .. 90. Page 4 of 90. DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION. PART 1: diplomatic immunities AND privileges . CONFERRED IN THE REPUBLIC OF South AFRICA. Introduction Obligations According to international law and practice, persons to whom immunity from jurisdiction of the host country's courts is extended are nevertheless obliged, according to the Vienna Conventions and the United Nations Conventions, to respect those laws. The Convention provides furthermore that all official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State, unless an official arrangement is otherwise in place.

7 As is recognised internationally, diplomatic immunity and inviolability is based on the principle that duly accredited members of diplomatic and international communities must be able to pursue their official duties free from harassment and possible intimidation and without impediment to the PERFORMANCE of those duties. Immunity and inviolability therefore, is not a licence for misconduct of any kind but is, in fact, intended to benefit the functioning of the diplomatic mission or an international organisation, and not for the personal benefit of individual members. Consequently, the Department of International Relations and Cooperation looks to heads of diplomatic Page 5 of 90. DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION.

8 Missions and accredited international organisations to advise members of their staff, as well as family members who enjoy immunity and inviolability, on their duty to respect the laws and regulations of the Republic of South Africa. Whilst a foreign representative with proper identification may not be arrested or detained, the authorities have a duty to ensure the safety and welfare of the general public, including other foreign representatives, and to take reasonable steps to ensure this. It is incumbent on persons conferred with immunity and privileges to produce valid identity documents issued by the Department of International Relations and Cooperation at all times, to verify their residency status in the Republic of South Africa.

9 Scope of States apply the provisions of the Vienna Convention on diplomatic Application Relations of 1961 in two broad categories according to Article 47;. namely the equal treatment of States in terms of Article 47(1) and the reciprocal treatment of States pursuant to Article 47(2). The Convention is incorporated into South African domestic law as Schedule I to the diplomatic immunities and privileges Act, 2001 (Act No 37 of 2001) and regulates a diplomat's entitlement to immunities , inviolability, privileges and exemptions. Therefore the Convention has the force of law in the Republic of South Africa pursuant to section 2(1) of the diplomatic immunities and privileges Act, 2001. (Act No 37 of 2001).

10 Page 6 of 90. DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION. South African nationals and South African citizens with dual citizenship as well as persons with Permanent Resident status in the Republic employed by International Organisations as officials qualify only for functional immunity from words spoken and acts performed on behalf of the relevant International Organisation, and no privileges or exemptions. Reciprocity ensures that a mission and mission personnel of a particular sending State and receiving State are accorded similar treatment in the conferral of diplomatic privileges . Immunity and inviolability on the other hand are non-negotiable and laid down by the Vienna and UN Conventions for different levels of accreditation.