Kaunda and Others v. President of the Republic of South Africa and Others

Abstract

Nationality — Diplomatic protection — Whether national entitled to require State to exercise right of protection — Whether Government may be required by court to make specific diplomatic representations — Threatened violations of human rights

Diplomatic relations — Diplomatic protection — Nationals of State in territory of other State — Whether State of nationality required to make diplomatic representations on their behalf — Whether presumption that nationals likely to be ill-treated

Human rights — Death penalty — Whether death penalty as such contrary to international law — Fair trial — Arbitrary deprivation of liberty — Whether international law recognizing individual has a right to protection from State of nationality

Relationship of international law and municipal law — Constitution of South Africa — Relationship to customary international law — Whether Constitution applicable outside territory of South Africa — Whether Constitution requiring South African Government to exercise right of diplomatic protection in respect of nationals abroad — Degree of discretion enjoyed by Government — The law of South Africa