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

Schedules

Schedule 2 : Vienna Convention on Consular Relations, 1963

Chapter II : Facilities, Privileges and Immunities relating to Consular Posts, Career Consular Officers and other Members of a Consular Post

Section II : Facilities, Privileges and Immunities relating to Career Consular Officers and other Members of a Consular Post

Article 45 : Waiver of privileges and immunities

 

(1) The sending State may waive, with regard to a member of the consular post, any of the privileges and immunities provided for in Articles 41, 43 and 44.

 

(2) The waiver shall in all cases be express, except as provided in paragraph 3 of this Article, and shall be communicated to the receiving State in writing.

 

(3) The initiation of proceedings by a consular officer or a consular employee in a matter where he might enjoy immunity from jurisdiction under Article 43 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

 

(4) The waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision, in respect of such measures, a separate waiver shall be necessary.