How not to Protect a South African-owned Investment Abroad: Van Abo v Government of the RSA and Others

Abstract

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