Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)

Notices

Recognition of New Development Bank Africa Regional Centre for purposes of granting immunities and privileges

Article 13 : Immunities and privileges of the Director-General: Africa Regional Centre and Staff
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(1) The Government shall accord to the Director-General: Africa Regional Centre and members of his or her family, the same privileges and immunities, exceptions and facilities as accorded to officials of comparable ranks forming part of diplomatic missions.

 

(2) The Government shall accord to the Staff as applicable:
(a) immunity from jurisdiction and all forms of legal process in respect of words spoken or written and all acts performed by them in their official capacity, which shall continue after their termination of service;
(b) immunity from personal arrest or detention for all acts performed by them in their official capacity, which shall continue after their termination of service;
(c) exemption from taxation in respect of salaries and emoluments paid by the Bank;
(d) immunity, together with members of their family from immigration restrictions and alien registration and from formalities for the purposes of immigration control;
(e) privileges in respect of exchange facilities as well as VAT (value added tax) refunds on the purchase of goods and services procured or chargeable in South Africa will be governed by the Laws of South Africa;
(f) together with members of their family, the same repatriation facilities in time of international crisis as officials of comparable rank of diplomatic missions;
(g) freedom of movement, within or from South Africa to the extent necessary for carrying out their activities and functions for and on behalf of the Bank and for the purpose of their official communications, to use codes and receive papers and correspondence by courier or sealed in bags;
(h) the same immunities and facilities, including immunity from inspection and seizure of their official baggage, as are accorded to officials in diplomatic missions;
(i)the right for personal use, free of duty or other levies, prohibitions and restrictions (i) to import at the time of first taking up their post and within a period of six (6) months and (ii) to export, upon termination of their services with the Bank, within a period of 1 year:
(a) their furniture and personal effects; and
(b) one (1) motor vehicle, and in the case of officials accompanied by members of their family, two (2) motor vehicles.

 

(3)Articles imported under such exemptions will not be sold in South Africa except under conditions agreed upon with the Government and in any case not being less favorable than those extended to officials of comparable ranks of other international organisations in South Africa.

 

(4) Nationals or permanent residents of South Africa who are appointed as the Director-General: Africa Regional Centre or employed as Staff shall be entitled only to the immunities set out in sub-Article 2 (a), (b), (g) and (h) of this Article and provided that, in implementing the taxation of income of nationals and permanent residents of South Africa appointed or employed by the Bank, the Bank shall not be required to withhold, collect or pay such taxes.

 

(5) The Bank shall communicate to the Government the names of Staff and members of their family to whom the provisions of the present Article are applicable.

 

(6) The Government shall provide the Director-General: Africa Regional Centre, Staff and members of the family older than eighteen (18) years of age with a special identity card which shall serve to identify the holder to the authorities of South Africa and to certify that the holder enjoys the privileges and immunities specified in this Agreement. Upon the termination of employment or reassignment from South Africa, the special identity card shall be returned promptly to the Government for cancellation.

 

(7) The Government shall authorise and facilitate the registration of vehicles utilised by the Director-General: Africa Regional Centre and Staff as vehicles of similar status of comparable international organisations accredited in South Africa, and issue them with license plates.