Justice and Constitutional Development on irregular service of process on United Nations Special Rapporteur
The Minister of Justice and Constitutional Development, Ms Mmamoloko Kubayi, notes with regret the unauthorised letter issued by an official in the department of Justice and Constitutional Development that led to a Sherriff approaching the United Nations Special Rapporteur on the Occupied Palestinian Territories, Ms. Francesca Albanese, to serve her with court papers yesterday.
The Department has established that the service of process was effected without the knowledge or approval of either the Minister of Justice and Constitutional Development or the Director-General, who serves as the Head of the Central Authority, as is required by Section 40(2) of the Superior Courts Act, 2013 (Act 10 of 2013).
Section 40(2) requires that a request for the service of any civil process on a person in the Republic received from any state or territory is transmitted to the Registrar of a Division by the Director-General of the Department, with an intimation that the Minister considers it desirable that effect should be given to such service.
Service of process is the formal, legal procedure of delivering court documents, such as a summons to a person, based on a request from another country.
Neither the Director General nor the Minister gave effect to the above request for service of the process, which was a request purportedly made by the Christian Friends of Israeli Communities, Christians for Israel, USA.
The attempt to serve Ms Albanese did not comply with the required prescripts.
The Minister has instructed that this irregular service of process be withdrawn and extends an unconditional apology to Ms. Albanese, to the Nelson Mandela Foundation and the United Nations (UN).
The Minister has instructed the Acting Director General to institute an internal consequence management process and she will fully deal with this matter upon her return from the Socialist Republic of Vietnam where she is currently attending the UN Conference and Signing Ceremony on the United Nations Convention against Cybercrime.
The Minister reaffirms the Department’s commitment to upholding the rule of law, respect for international law, and South Africa’s diplomatic and international obligations.
Enquiries:
Mr Terrence Manase
Spokesperson: Ministry of Justice and Constitutional Development
Cell: 082 338 6707
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