Justice minister Mmamoloko Kubayi has apologised after a sheriff of the court approached UN special rapporteur on the occupied Palestinian territories Francesca Albanese to serve her with papers.
The approach took place at a function in Sandton on Saturday, where the Italian international law expert delivered the 23rd Nelson Mandela Annual Lecture.
Kubayi said the attempt to serve the court papers — initiated by a US-based organisation — was carried out without the knowledge or approval of either herself or the department’s acting director-general, Kalayvani Pillay.
“The department has established that the service of process was effected without the knowledge or approval of either the minister or the director-general,” Kubayi said in a statement on Sunday.
She described the move as unauthorised and contrary to section 40(2) of the Superior Courts Act, which governs the procedure for serving civil documents originating from outside SA.
“Service of process is the formal, legal procedure of delivering court documents, such as a summons, to a person, based on a request from another country. Neither the director-general nor the minister gave effect to the above request for service of the process, which was a request purportedly made by the Christian Friends of Israeli Communities and Christians for Israel, USA.
“The attempt to serve Ms Albanese did not comply with the required prescripts. The minister has instructed that this irregular service of process be withdrawn and extends an unconditional apology to Ms Albanese, to the Nelson Mandela Foundation and to the UN.”
Albanese is currently under US sanctions, with the Trump administration accusing her of supporting illegitimate prosecutions of US and Israeli nationals via the International Court of Justice (ICJ). The UN has challenged the sanctions as a breach of the convention on the privileges and immunities of the UN, asserting that Albanese enjoys immunity from legal process in her official capacity.
Albanese is due to appear before parliament’s portfolio committee on Tuesday to discuss international humanitarian law, human rights and SA’s position on the occupied Palestinian territories.
During a press conference following her presentation of the lecture on Saturday, Albanese declined to comment on the court papers being served on her. During her lecture she urged for the implementation of the ICJ findings that affirmed that Israel’s actions in Gaza over the past two years amounted to genocide and were illegal under international law.
“When SA brought the genocide in Gaza before the ICJ, while much of the West looked away or defended and armed the assailant, you did more than file a case. You opened the door for other countries to act.
“Above all, this is the first settler-colonial genocide ever brought before an international court — a moment of historic resonance, echoing ... through every land where indigenous peoples have barely survived genocide,” Albanese said.
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