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

Notices

Recognition of the International Fund for Agricultural Development

Article IV : The Office, inviolability of the Office and archives
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(1)

(a)The Government shall assist the Fund and facilitate the process for the Fund to secure suitable premises and facilities required for its functioning for a provisional period of five (5) years.
(b)During this period, the parties shall review the requirements of IFAD including the extension of this provision.
(c)Expenses related to the securing, maintenance, use, furnishing, equipping, of the facilities, and for all communication and public utility services are not included in the assistance and facilitation.

 

(2)

(a)The Fund, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case it has expressly waived its immunity.
(b)It is however, understood that no waiver of immunity shall extend to any measure of execution.

 

(3)

(a)The premises of the Office shall be inviolable.
(b)The property and assets of the Office, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

 

(4) The archives of the Office, and in general all documents belonging to it or held by it, shall be inviolable, wherever located.

 

(5)

(a)The authorities, officials and agents of the Republic of South Africa shall not enter the Office in an official capacity unless at the request or with the explicit authorisation of the Country Representative or his or her delegate.
(b)In the event of force majeure, fire or any other calamity requiring urgent measures of protection, the consent of the Country Representative or his or her representative shall be considered to have been given.
(c)However, if requested by the Country Representative, any person who has entered the Office with his or her presumed consent shall leave the Office immediately.

 

(6)The Government of the Republic of South Africa shall, to the extent possible, take all necessary measures to protect the Office against any intrusion or damage, to ensure that its tranquillity is not disturbed.

 

(7)The premises of the Fund shall not be used in any manner incompatible with the mandate and purpose of the Fund or the purpose and scope of establishing the Regional Office to support its operations and strengthen its partnerships.