Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)

Notices

Recognition of New Development Bank Africa Regional Centre for purposes of granting immunities and privileges

Article 1 : Definitions

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For the purpose of this Agreement, including all annexures, appendices and all amendments made from time to time, the following terms shall have, unless the context otherwise requires, the meanings ascribed to them as below:

(a) "Africa Regional Centre"

means the regional office of the New Development Bank in Johannesburg in the Republic of South Africa;

(b)"Agreement on the New Development Bank"

means the Agreement on the New Development Bank including its Annex between the Governments of the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People's Republic of China and the Republic of South Africa, signed on 15 July 2014 at the city of Fortaleza, Brazil and any amendments thereto;

(c) "Archives of the Bank"

means the records, correspondence, documents, manuscripts, still and moving pictures, films, sound recordings, electronic records including email, computer programs, written materials, video tapes or discs, discs or tapes containing data, and, any information contained therein stored in electronic form or any other form whatsoever, belonging to, or held by the Bank;

(d) "Bank"

means the New Development Bank, including the Africa Regional Centre, unless specifically referred to separately;

(e) "Director-General: Africa Regional Centre"

means the principal executive officer of the Africa Regional Centre, appointed by the Bank, and, during her or his absence or incapacity, the person authorised to act as Director- General: Africa Regional Centre;

(f) "Experts and Consultants"

means persons who, not being Staff of the Bank, have been contracted by the Bank for the purpose of providing expertise and performing certain tasks for or on behalf of the Bank;

(g) "Government"

means the Government of the Republic of South Africa;

(h) "Laws of South Africa"

includes the Constitution of South Africa, 1996 and legislative acts, decrees, regulations and orders issued by, or under authority of, the Government or any appropriate authority in South Africa;

(i) "Local terms"

means recruitment made by the Bank or the Africa Regional Centre for the employment of personnel in terms of South African Law;

(j) "Member"

means a member of the Bank as defined in the Agreement on the New Development Bank;

(k) "Member of a family"

means the spouse and dependent children under the age of 18 years, any other dependent family member officially recognised as such by the Bank, and the spouse or life partner officially recognised as such by the Bank of a Staff member.

(l) "Premises"

means the land, building, parts of building and includes access facilities for the official purposes of the Africa Regional Centre;

(m) "President"

means the President of the Bank and, during her or his absence or incapacity, the person authorised to act as President;

(n) "South Africa"

means the Republic of South Africa and its territory; and

(o) "Staff of the Bank" or "Staff"

means persons employed by the Bank, to work at the Africa Regional Centre, in accordance with the provisions of the Human Resources policies of the Bank and other relevant internal regulations in force, and excluding all other persons recruited on local terms and assigned to hourly rates.