Justice officials under fire for unauthorised UN diplomat summons

A number of department of justice and constitutional development officials are facing disciplinary action for allegedly bringing the government into disrepute after they served an unauthorised summons to a United Nations (UN) diplomat.

The officials allegedly caused a diplomatic crisis when they delivered the summons to Francesca Albanese, the UN special rapporteur for human rights in the occupied Palestinian Territories.

She visited the country to deliver the 23rd Nelson Mandela memorial lecture hosted by the Nelson Mandela Foundation on 25 October, when she was handed the court papers by the sheriff.

Officials under scrutiny over diplomatic breach

Justice and constitutional development department spokesperson Terence Manase confirmed consequence management against the officials is underway.

But he did not give specific details, including the actual number and charges they faced.

An American civil society body linked to Israel is believed to be behind the summons.

It’s unclear which court issued the papers to Albanese, but the action could cause tension and even a clash between the two arms of the state – government and the judiciary.

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Even if a magistrate or judge was responsible for issuing the document, it still required authorisation by the minister of justice and constitutional development and the head of department before it was delivered.

In this case, the minister’s or the director-general’s permit should have been sought due to the diplomatic status of Albanese, who operates under the authority of the United Nations secretary-general.

“Consequence management in this matter is currently underway,” Manase said.

“The process, which includes providing officials an opportunity to submit information, decisions on suspension and a fair hearing, is being conducted diligently.”

Confidentiality maintained during disciplinary action

The ongoing consequence management process is being conducted in accordance with established labour relations procedures.

“We cannot disclose the names of employees involved. The employer is obliged to maintain confidentiality to ensure a fair process and to protect the privacy rights of all parties,” he said.

Since the conflict began with terrorist attacks and hostage-taking by Hamas inside Israel on 7 October, 2023, Tel Aviv unleashed its worldwide propaganda machinery to undermine any actions that exposed its military operations in Gaza and actions by settlers in the occupied territories in the West Bank.

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Most of the propaganda happened on social media, where supporters attacked those who opposed Israel actions in Gaza and the West Bank.

Currently, a peace deal brokered by US President Donald Trump hangs in the balance, despite the exchange of prisoners and hostages and expatriation of dead bodies between the two sides.

The situation remained volatile.

On 27 October, Albanese presented a report to the UN General Assembly on the Gaza situation. The 23-page report is titled Gaza: Genocide, a Collective Crime, examines human rights violations in Palestine since 1967.

It also focused on accountability under international law and the role of 63 third party states in “collective crime” in Gaza and called on the international community to “uphold justice and accountability for the ongoing atrocities in Palestine”.

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