n Comparative and International Law Journal of Southern Africa - How not to protect a South African-owned investment abroad :

Volume 44, Issue 3
  • ISSN : 0010-4051



This article considers a series of cases between Von Abo and the Government of the Republic of South Africa reported as follows: (2009) 2 SA 526 (T); (2009) 10 BCLR 1052 (CC); (2009) 5 SA 345 (CC); and (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. 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.

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