Swissborough Diamond Mines (Pty) Ltd and Others v. Government of the Republic of South Africa and Others

Abstract

Treaties — Interpretation — Treaty not incorporated into municipal law — Interpretation of treaty by court — Whether court can take cognizance of treaty and contents as facts — Whether court can interpret or construe treaty or legal consequences arising therefrom — Whether court can determine true agreement concluded between contracting States

Jurisdiction — Sovereign immunity — Allegation of unlawful conduct by State and of interference by one State in second State — Whether courts can interfere with foreign sovereign — Role of judicial branch of government — Court having jurisdiction — Whether court to exercise judicial restraint if involvement of foreign States — Whether act of State doctrine or doctrine of judicial restraint applicable in South Africa

Relationship of international law and municipal law — Act of State and justiciability — Status of act of State doctrine in South African law — Judicial restraint in matters of foreign relations — Conduct of foreign relations — Role of courts — The law of South Africa