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 7 : Inviolability of the premises and archives and immunity of property and assets
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(1) The Premises shall be inviolable and under the exclusive control and authority of the Africa Regional Centre. The property and assets of the Bank, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.

 

(2) The Archives of the Bank shall be inviolable, wherever located and by whomsoever held within South Africa.

 

(3) The authorities of South Africa shall not enter the Premises for any reason, including the performance of any official duties therein or execution of any legal process or perform any ancillary act such as the seizure of private property. All entries shall be subject to the consent and conditions agreed to by the Director-General: Africa Regional Centre.

 

(4) The Director-General: Africa Regional Centre and the Government shall agree on the circumstances under and the manner in which the authorities of South Africa may enter the Premises. In the event of natural disaster, fire or any other emergency, constituting an immediate threat to human life, the consent of the Bank to enter the Premises is presumed, if the Director-General: Africa Regional Centre cannot be reached in time and in the manner agreed upon.

 

(5) The Bank shall have the power to make rules and regulations operative within the Premises for the full independent exercise of its operations, administration and performance of its activities and functions. Except as otherwise provided in this Agreement, or in the Agreement on the New Development Bank, the laws applicable in South Africa shall apply within the Premises. The Bank, its Staff, Experts and Consultants shall respect the laws of South Africa.

 

(6) Without prejudice to the terms of this Agreement, the Bank shall prevent the Premises from becoming a refuge for fugitives from justice, or for persons subject to extradition, or persons avoiding service of legal process or judicial proceedings under the laws of South Africa.