Von Abo v. Republic of South Africa and Others

Abstract

Diplomatic relations — Diplomatic protection — Applicant requesting diplomatic protection from Government of South Africa against Government of Zimbabwe — Whether applicant entitled to diplomatic protection — Whether State having obligation to provide diplomatic protection — Position under international law — Whether South Africa entitled to afford diplomatic protection — South African Constitution — Responsibility of executive for conducting foreign relations — Discretion of executive with respect to diplomatic relations — Zimbabwean expropriation of farmland — Whether violating international minimum standards

Nationality — Diplomatic protection — Nationality requirement for international delict — Whether nationality rule disqualifying South African Government from affording diplomatic protection to applicant — Applicant sole shareholder in companies incorporated in Zimbabwe — Whether expropriation of property of companies by Zimbabwe capable of giving rise to diplomatic protection by South Africa

Claims — Exhaustion of local remedies — Diplomatic protection — Exhaustion of local remedies rule for international delict — Whether effective local remedies available

Relationship of international law and municipal law — Conduct of foreign relations — Whether justiciable in municipal court — Nature of protection — Whether court entitled to question efficacy of steps taken by South African Government — The law of South Africa