Foreign Service Act, 2019 (Act No. 26 of 2019) 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

‘‘acquire’’

in relation to an immovable asset, means acquisition through construction, purchase, lease, acceptance of a gift outside the Republic or by any other lawful means, for use by the Foreign Service;

 

‘‘Department’’

means the Department of International Relations and Cooperation;

 

‘‘Diplomatic Academy’’

means the Diplomatic Academy as contemplated in section 7;

 

‘‘Director-General’’

means the Director-General of the Department;

 

‘‘disposal’’

means to sell, exchange or donate immovable assets in accordance with this Act;

 

‘‘employee’’

means a person appointed to the Department or to any other national department in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994), or any other legislation, and includes members of the Foreign Service;

 

‘‘foreign representations in the Republic’’

means a foreign diplomatic mission, consular mission or liaison office as well as offices of international organisations in the Republic, accredited in terms of the Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001);

 

‘‘Foreign Service’’

means the Foreign Service of the Republic, as contemplated in section 3;

 

‘‘GIAMA’’

means the Government Immovable Asset Management Act, 2007 (Act No. 19 of 2007);

 

‘‘Head of Mission’’

means an Ambassador, High Commissioner, Consul-General, Permanent Representative, and any other person appointed to represent the Republic as such in terms of section 84(2)(i) of the Constitution and as also recognised by the Vienna Convention on Diplomatic Relations, 1961, signed at Vienna on 18 April 1961, the Vienna Convention on Consular Relations, 1963, signed at Vienna on 24 April 1963, the Convention on the Privileges and Immunities of the United Nations, adopted on 13 February 1946, as may be applicable in the Republic in accordance with the reservations made by South Africa upon its accession thereto, as well as the Convention on the Privileges and Immunities of the Specialised Agencies, adopted on 21 November 1947, as may be applicable in the Republic;

 

‘‘immovable asset’’

means land or an immovable structure on land, or rights in such land or immovable structure;

 

‘‘member of the Foreign Service’’

means a person who serves as a member of the Foreign Service and who is accredited to a foreign state as contemplated in section 3;

 

‘‘Minister’’

means the Minister of International Relations and Cooperation;

 

‘‘national department’’

means a national department and a national government component as referred to in section 7(2) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and includes the South African Revenue Service;

 

‘‘prescribed’’

means prescribed by regulation in terms of section 14, or by codes or directives made by the Minster in terms of section 11;

 

‘‘South African Mission’’

means a diplomatic or consular mission of the Republic accredited to the foreign state where it is operating in terms of the Vienna Conventions, and to a liaison office, or to permanent representations of the Republic at international organisations and ‘‘mission’’ shall have a similar meaning; and

 

‘‘this Act’’

includes all its regulations, guidelines, codes and directives.