Nkondo v. Minister of Police and Another

Abstract

Air — Transit rights — Aircraft in distress — Aircraft forced to land in third State due to adverse weather conditions — Whether passengers have right of overland transit — Whether passengers subject to jurisdiction of third State

Jurisdiction — Territorial — Over passengers on aircraft forced to land due to adverse weather conditions — Whether passengers subject to jurisdiction of State — Passenger found to be in possession of documents suggesting opposition to government of State — Passenger suspected of connection with terrorism

Relationship of international law and municipal law — Customary international law — Status in law of South Africa — National security considerations — Whether prevailing over customary international law — The law of South Africa