South Africa’s Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has issued an apology to Francesca Albanese, the United Nations Special Rapporteur on the Occupied Palestinian Territories, after she was improperly served with court papers during her visit to Johannesburg on Saturday.
Albanese, an Italian human rights lawyer and author, had just delivered the 23rd Nelson Mandela Annual Lecture when the incident occurred. In her speech, she expressed strong support for Palestine’s right to self-determination, asserting that backing this cause is not an act of charity but a binding international obligation for all states.
Irregular Service of Court Papers
Minister Kubayi explained that the service of court documents was done without her knowledge or the approval of the Director-General, who is legally mandated to authorise such actions under Section 40(2) of the Superior Courts Act. The request to serve the documents allegedly came from two organisations—Christian Friends of Israeli Communities and Christians for Israel in the USA—but had not been authorised by the Ministry.
According to South African law, any request to serve foreign civil court papers in the country must be first approved by the Minister and communicated through the Director-General. Since the proper legal procedure was not followed, the action was deemed invalid.
Minister’s Apology and Actions
The Minister took immediate action, ordering the withdrawal of the irregularly served papers and offering an unconditional apology to both Albanese and the United Nations. Kubayi also apologized to the Nelson Mandela Foundation for the disruption caused.
“I have instructed the Acting Director-General to initiate an internal investigation into how this occurred and to ensure that the necessary consequences are implemented,” Minister Kubayi said in her statement. She emphasized that the Department of Justice remains committed to upholding the rule of law and South Africa’s international obligations.
Kubayi, who is currently attending a UN conference on cybercrime in Vietnam, reassured the public that the incident would be fully addressed.
Albanese’s Praise for South Africa
Before the incident, Francesca Albanese had publicly praised South Africa for its unwavering stance on justice. She commended the country for taking Israel to the International Court of Justice over its operations in Gaza, a move that she said had “rekindled faith in international law.” Albanese referred to this action as “a quiet revolution” and a symbolic restoration of international justice.
In her speech, she also expressed admiration for South Africa’s role in advancing justice globally, saying, “Thank you, South Africa! You prove again who you are, heirs of Nelson Mandela, in this conviction that justice must be lived, not merely spoken.” Albanese will present her final report to the UN Assembly on the issue of Gaza, titled Gaza Genocide: A Collective Crime, and she will do so from Cape Town.
Commitment to Upholding International Law
The apology from Minister Kubayi comes at a time when South Africa is asserting its position as a defender of international law and justice. The incident, while regrettable, has been addressed swiftly, and the government is committed to ensuring that such irregularities do not occur in the future.
Albanese’s recognition of South Africa’s commitment to justice and international law serves as a reminder of the country’s important role on the global stage, especially in advocating for the rights of marginalised peoples and ensuring accountability for violations of international law.