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Diplomatic Privileges Act, 1951
Act 71 of 1951
- Published in South African Government Gazette 4668 on 27 July 1951
- Assented to on 2 July 1951
- Commenced on 5 May 1989 by Diplomatic Privileges Proclamation, 1989
- [This is the version of this document from 5 May 1989 and includes any amendments published up to 14 June 2024.]
- [Amended by Commonwealth Relations Act, 1962 (Act 69 of 1962) on 31 May 1962]
- [Amended by Diplomatic Privileges Amendment Act, 1978 (Act 61 of 1978) on 30 June 1978]
- [Amended by Diplomatic Privileges Amendment Act, 1985 (Act 39 of 1985) on 12 April 1985]
- [Amended by Restoration of South African Citizenship Act, 1986 (Act 73 of 1986) on 1 July 1986]
- [Amended by Transfer of Powers and Duties of the State President Act, 1986 (Act 97 of 1986) on 3 October 1986]
- [Amended by Diplomatic Privileges Proclamation, 1989 (Proclamation 63 of 1989) on 5 May 1989]
1. Definitions
In this Act, unless inconsistent with the context -“diplomatic agent” means the public representative of any other head of state or government duly accredited to the Union as an ambassador, high commissioner, envoy extraordinary and minister plenipotentiary, minister resident, charge d’affaires or accredited diplomatic representative;[definition of “diplomatic agent” amended by Act 69 of 1962]“family” means the wife or husband, as the case may be, the minor children, and any other relative approved by the Minister for the purposes of this Act, of any person mentioned in sub-section (1) of section 2 or in subsection 1 of section 2A or in section 2Bor of a member of the staff of any such person;[definition of “family” amended by Act 39 of 1985; not all of the changes are indicated by amendment markings]“local authority means any of the institutions referred to in -(a)the Municipal Ordinance, 1963 (Ordinance No. 13 of 1963), of the Territory:(b)the Village Management Boards Ordinance, 1963 (Ordinance No. 14 of 1963), of the Territory: and(c)the Peri-Urban Development Board Ordinance, 1970 (Ordinance No. 19 of 1970), of the Territory;[The definition of “local authority” is amended by Act 69 of 1962 and substituted by Proc. 63 of 1989. The Local Authorities Act 23 of 1992 repealed the Municipal Ordinance 13 of 1963, the Village Management Boards Ordinance 14 of 1963 and the Peri-Urban Development Board Ordinance 19 of 1970.]“Minister” means the Minister of Foreign Affairs;[definition of “Minister” amended by Act 69 of 1962]“person” includes any organization or institution recognized by the Minister under section 2, and such an organization or institution shall, to the extent consistent with the instrument creating it, be vested in the Territory with the legal capacities of a body corporate;[definition of “person” amended by Act 61 of 1978 and by Proc. 63 of 1989; not all of the changes made by Act 61 of 1978 are indicated by amendment markings]“staff” means counsellors, secretaries, attaches, advisers, chancellors, archivists, stenographers, typists and other persons approved by the Minister who take part in the diplomatic work of a diplomatic mission, the consular work of a consular mission or the work of the office of a representative of another State or person contemplated in section 2B, provided the aforementioned persons are employed exclusively for the purposes of the mission or office;[definition of “staff” amended by Act 39 of 1985; not all of the changes are indicated by amendment markings]“suite” in relation to any Head of State, diplomatic agent or other representative of or visitor from another sovereign or state means his family, the members of his staff and their families.[Section 1 of RSA Proc. 63 of 1989 provides, without amending the Act, that - "Administrator-General" means the Administrator-General of the territory of South West Africa; and "Territory" means the territory of South West Africa.]2. Immunity of heads of state, diplomatic agents and certain other persons from jurisdiction of courts
2A. Immunities, rights and privileges of career-consular officers, representatives of other States and certain other persons
2B. Conferment of immunities, rights and privileges by proclamation or other instrument
Notwithstanding anything to the contrary in section 2A or in any law contained, the State President may, if he is satisfied that in a particular case it is not possible or desirable to enter into an agreement contemplated in section 2A and that the conferment of immunities, rights and privileges will be in the interest of the Republic -3. Immunity not to apply in certain cases
4. Register of persons entitled to immunity
5. Exemption from taxation of persons entitled to diplomatic immunity
6. Exemptions which may be granted by Minister to Governments
7. Adjustment of loss of revenue to local authorities and statutory public utility corporations
The loss of revenue caused to any local authority or statutory public utility corporation by reason of the provisions of sections five and six shall be made good to the local authority or statutory public utility corporation concerned, as the case may be, out of moneys provided by Parliament for that purpose.8. Recognition of building occupied by diplomatic agent
The Governor-General may by notice in the Gazette recognize any building or premises occupied by a diplomatic agent for the purpose of a chancery or an official residence as an embassy or legation or the office or residence of a high commissioner or other diplomatic agent.[section 8 amended by Act 69 of 1962]9. ***
[section 9 amended by Act 39 of 1985 and deleted by Proc. 63 of 1989]10. Application of immunity to Union citizens
11. Offences and penalties
12. Repeal of laws
The Diplomatic Immunities Act, 1932 (Act No. 9 of 1932), the Diplomatic Immunities Act Amendment Act, 1934 (Act No. 19 of 1934), section sixteen of the Finance Act, 1941 (Act No. 43 of 1941), and sections one to five inclusive of the Diplomatic Immunities and Asiatic Land Tenure Amendment Act, 1944 (Act No. 9 of 1944), are hereby repealed.13. Amendment of long title and short title of Act 9 of 1944
The Diplomatic Immunities and Asiatic Land Tenure Amendment Act, 1944, is hereby amended -14. Short title
This Act shall be called the Diplomatic Privileges Act, 1951.History of this document
05 May 1989 this version
Amended by
Diplomatic Privileges Proclamation, 1989
03 October 1986
01 July 1986
12 April 1985
Amended by
Diplomatic Privileges Amendment Act, 1985
30 June 1978
Amended by
Diplomatic Privileges Amendment Act, 1978
31 May 1962
Amended by
Commonwealth Relations Act, 1962
27 July 1951
02 July 1951
Assented to
Cited documents 0
Documents citing this one 11
Gazette 7
Judgment 2
Legislation 2
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