SOUTH Africa has issued an unconditional apology to United Nations Special Rapporteur Francesca Albanese after a department official unauthorised attempted to serve her with court papers while she was in the country to deliver the annual Nelson Mandela lecture.
Justice and Constitutional Development Minister Mmamoloko Kubayi on Sunday withdrew the irregular process and apologised to Albanese, the Nelson Mandela Foundation and the United Nations, following the incident on Saturday.
The department established that the service of process was executed without the knowledge or approval of either the minister or the director-general, who serves as head of the Central Authority, as required by Section 40(2) of the Superior Courts Act.
“The attempt to serve Ms Albanese did not comply with the required prescripts,” ministry spokesperson Terrence Manase said.
Section 40(2) of the Superior Courts Act requires that requests for the service of civil process on a person in the republic received from any state or territory be transmitted to the registrar of a division by the director-general, with an intimation that the minister considers it desirable that effect should be given to such service.
The request for service was purportedly made by Christian Friends of Israeli Communities and Christians for Israel, USA, though neither the director-general nor the minister approved it. The nature of the court papers was not disclosed.
Kubayi has instructed the acting director-general to institute an internal consequence management process. The minister is currently attending the UN Conference and Signing Ceremony on the United Nations Convention against Cybercrime in Vietnam.
Albanese, an Italian international law expert, delivered the 23rd Nelson Mandela Annual Lecture on Saturday, where she called for the deliberation of all Palestinian hostages and said South Africa’s legacy shows “no system of oppression can endure forever.”
She is the first woman to serve as the UN Human Rights Council-appointed Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. In her role, Albanese investigates and reports on human rights violations in the occupied Palestinian territories, including Gaza and the West Bank.
The minister reaffirmed the department’s commitment to upholding the rule of law, respect for international law, and South Africa’s diplomatic and international obligations.
