| (1) |
Notwithstanding any other law, any South African citizen who commits an offence outside the area of jurisdiction of the courts of the Republic and who cannot be prosecuted by the courts of the country in which the offence was committed, due to the fact that the person is immune from prosecution as a result of the operation of the provisions of— |
| (a) |
the Convention on the Privileges and Immunities of the United Nations, 1946; |
| (b) |
the Convention on the Privileges and Immunities of the Specialised Agencies, 1947; |
| (c) |
the Vienna Convention on Diplomatic Relations, 1961; |
| (d) |
the Vienna Convention on Consular Relations, 1963; or |
| (e) |
any other international convention, treaty or any agreement between the Republic and any other country or international organisation, |
and that person is found within the area of jurisdiction of any court in the Republic which would have had jurisdiction to try the offence if it had been committed within its area of jurisdiction, that court shall, subject to subsection (2), have jurisdiction to try that offence.
| (2) |
No prosecution may be instituted against a person under subsection (1), unless— |
| (a) |
the offence is an offence under the laws of the Republic; and |
| (b) |
the National Director of Public Prosecutions instructs that a prosecution be instituted against the person. |
| (3) |
At the conclusion of the trial against a person under this section, a copy of the proceedings, certified by the clerk of the court or registrar, together with any remarks as the prosecutor may wish to append thereto, must be submitted to the Minister of Foreign Affairs. |
[Section 110A inserted by section 11 of Act No. 66 of 2008]
Basic Conditions of Employment Act, 1997
