Department of International Relations and Cooperation
The South African Law Review Commission (SALRC) has invited comment on its proposed amendments to, or repeal of, legislation administered by the department of international relations and cooperation (dirco).
The deadline for submissions is 31 January 2012.
Inter alia, the discussion document concerned proposes amendments to:
• Foreign State Immunities Act 87 of 1981; and
• Diplomatic Immunities and Privileges Act 37 of 2001.
It also seeks to repeal:
• Treaties of Peace Act 32 of 1921;
• Treaties of Peace Act 20 of 1948;
• Diplomatic Mission in United Kingdom Service Act 38 of 1961;
• Commonwealth Relations (Temporary Provision) Act 41 of 1961; and
• Commonwealth Relations Act 69 of 1962.
According to the discussion paper, the question of whether or not to implement Foreign States Immunities Amendment Act 5 of 1988 – deemed necessary at the time but yet to be proclaimed – “will be reconsidered by the minister soon”.
The principal statute’s main objective was to provide for a “rule of immunity” for foreign states from the jurisdiction of the courts of the Republic.
Regarding Application of Resolutions of the Security Council of the United Nations Act 172 of 1993, it is envisaged that this could be amended to “accommodate the implementation of Security Council measures”. “This will be addressed … in due course”.
The department's intention is the South African Development Partnership Agency Bill currently being drafted “will in future repeal” African Renaissance and International Co-operation Fund Act 51 of 2000.
According to a recent departmental presentation to the National Council of Provinces (NCOP) select committee on trade and international relations, cabinet approved a “conceptual framework” for the bill on 2 December 2009.
The SALRC discussion paper is available at: //salawreform.justice.gov.za/dpapers.
Sabinet Cape Town Office
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