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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:How not to protect a South African-owned investment abroad: Van Abo v Government of the RSA and Others
Author:Munyai, Phumudzo S.ISNI
Year:2011
Periodical:The Comparative and International Law Journal of Southern Africa (ISSN 0010-4051)
Volume:44
Issue:3
Pages:392-407
Language:English
Geographic terms:South Africa
Zimbabwe
Subjects:diplomatic law
expropriation
judgments
Abstract:This article considers a series of cases between Von Abo and the Government of the Republic of South Africa reported as follows: Von Abo v Government of the Republic of South Africa & Others (2009) 2 SA 526 (T); Von Abo v President of the Republic of South Africa (2009) 10 BCLR 1052 (CC); (2009) 5 SA 345 (CC); and Government of the Republic of South Africa and Others v Von Abo (2011) 5 SA 262 (SCA); (2011) 3 All SA 261 (SCA). These cases concerned the employment of the remedy of diplomatic protection, claimed as a right under the South African Constitution, by a South African citizen to protect his private commercial interest outside South Africa, in this case in Zimbabwe. The article observes that diplomatic protection, as of right, is a nonexistent or unsuitable remedy for an individual seeking to protect private interests in a foreign country. Other options may be useful and effective. However, the article further notes, given the exponential increase in recent years of South African-owned investments in foreign countries, particularly in other African States, that the South African government has a significant role to play in ensuring the safety and security of South African-owned investments abroad. Notes, ref., sum. [Journal abstract]
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