Synopsis:
Application for the confirmation of part of an order handed down by the North Gauteng High Court, Pretoria. Applicant sought an order declaring that the Government had failed to properly consider and decide his request, and that it grant him diplomatic protection relating to the violation of his rights by the Government of Zimbabwe. This Court held that diplomatic protection was the responsibility of the government as a whole, and not the President alone. ?Conduct?, as described in section 172(2)(a) did not include this category of obligations. Moreover, on the facts of this case, it was clear that it was the Department of Foreign Affairs that had purported to deal with the matter and not the President despite the applicant?s appeals to the President for diplomatic protection. For these reasons, Moseneke DCJ held that the matter had been erroneously brought to this Court and thus struck the matter off the roll.
