Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)4. Immunities and privileges of heads of state, special envoys and certain representatives |
| (1) | A head of state is immune from the criminal and civil jurisdiction of the courts of the Republic, and enjoys such privileges as— |
| (a) | heads of state enjoy in accordance with the rules of customary international law; |
| (b) | are provided for in any agreement entered into with a state or government whereby immunities and privileges are conferred upon such a head of state; or |
| (c) | may be conferred on such head of state by virtue of section 7(2). |
| (2) | A special envoy or representative from another state, government or organisation is immune from the criminal and civil jurisdiction of the courts of the Republic, and enjoys such privileges as— |
| (a) | a special envoy or representative enjoys in accordance with the rules of customary international law; |
| (b) | are provided for in any agreement entered into with a state, government or organisation whereby immunities and privileges are conferred upon such special envoy or representative; or |
| (c) | may be conferred on him or her by virtue of section 7(2). |
| (3) | The Minister must by notice in the Gazette recognise a special envoy or representative for the purposes of subsection (2). |