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

Schedules

Schedule 2 : Vienna Convention on Consular Relations, 1963

Chapter II : Facilities, Privileges and Immunities relating to Consular Posts, Career Consular Officers and other Members of a Consular Post

Section II : Facilities, Privileges and Immunities relating to Career Consular Officers and other Members of a Consular Post

Article 41 : Personal inviolability of consular officers
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(1)Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.

 

(2)Except in the case specified in paragraph 1 of this Article, consular officers shall not be committed to prison or liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.

 

(3)If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this Article, in a manner which will hamper the exercise of consular functions as little as possible. When, in the circumstances mentioned in paragraph 1 of this Article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay.