Government of the Republic of Zimbabwe v. Fick and Others

Abstract

State immunity — Jurisdictional immunity — Waiver — Immunity under Section 2 of South African Immunities Act — Waiver of immunity under Section 3(1) — Agreement to be bound by international agreements

Expropriation — Expropriation of property by State without compensation — Denial of access to domestic court system — Regional Tribunal of the Southern African Development Community

International tribunals — Enforcement of orders of international tribunals — Meaning of “foreign judgment” — Regional Tribunal of the Southern African Development Community — Whether judgment of Tribunal a foreign judgment for purposes of enforcement

Relationship of international law and municipal law — Orders of regional Tribunal of Southern African Development Community — Enforcement of foreign judgments within South African law — Enforcement of foreign civil orders under the Enforcement Act — Enforcement of foreign judgments under South African common law — Meaning of “foreign judgment” — Obligation under Article 32 of Tribunal Protocol to facilitate execution of decisions of Tribunal — The law of South Africa