Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)NoticesAdoption of MAC ProtocolMemorandum of Understanding between the government of the republic of south africa and the international institute for the unification of private law regarding the diplomatic conference for the adoption of the MAC protocolArticle 11 : Privileges and Immunities |
| (1) | The Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the United Nations General Assembly on 21 November 1947 (hereinafter referred to as the "Convention"), shall be applicable in respect to the Conference. In particular— |
| (a) | Article V of the Convention shall apply to representatives of States attending the Conference and referred to in Article 2 who produce official documentation attesting to their participation in the Conference; |
| (b) | Article VI of the Convention shall apply to staff members of UNIDROIT who produce official documentation attesting to their accreditation to the Italian Government as either officers or employees of UNIDROIT. |
| (2) | There shall be no impediment of any person referred to in Article 2 to transit to and from the Conference and visas, where required, shall be issued as soon as possible on application to the relevant South African mission, and in accordance with the requirements of the domestic law of South Africa. |
| (3) | Subject to the requirement that all persons intending to participate in the Conference must, where necessary, obtain a valid visa for entry into South Africa prior to their departure for the Conference, entry into South Africa by all participants referred to in Article 2 shall be facilitated. |
| (4) | Privileges and immunities are granted to participants and staff members of the Parties in the interests of the Conference only and not for the personal benefit of the individual themselves. UNIDROIT shall have the right and the duty to waive the immunity of any officials in any case where, in its opinion, the immunity would impede the course of justice and the immunity can be waived without prejudice to the interests of UNIDROIT. |
| (5) | Notwithstanding any other provision, South African nationals who may represent foreign States, UNIDROIT or other organisations shall not be afforded more immunities and privileges than those allowed by the domestic law of South Africa, and may be subjected to taxation or immigration requirements where the domestic law of South Africa so requires. |