Unpacking the diplomatic immunity that protects G20 leaders in South Africa
Here is what South Africa’s extension of diplomatic immunity truly means, and why no G20 leader will be arrested.
Minister of International Relations and Cooperation, Ronald Lamola, recently confirmed the official recognition and the granting of diplomatic immunity for the G20 Leaders’ Summit in Johannesburg, scheduled for 22 and 23 November 2025.
This recognition, extended under the Diplomatic Immunities and Privileges Act 37 of 2001, also covered the Fourth Sherpa Meeting, held between 16-19 November 2025.
The immunities accorded to the participants are those provided for in the 1946 Convention of the Privileges and Immunities of the United Nations (UN) and the 1947 Convention on the Privileges and Immunities of Specialised Agencies.
The Diplomatic Immunities and Privileges Act grants the Vienna Convention on Diplomatic Relations of 1961 the force of law in South Africa, providing the core framework for these protections. This protection is a privilege belonging to the sending state, designed solely to ensure diplomats can perform their official functions efficiently and free from harassment or intimidation.
What diplomatic immunity means, practically speaking
For those participating in the G20, this diplomatic status confers a virtually absolute protection, especially concerning personal inviolability. Essentially, they are immune from South Africa’s authority and cannot be subject to legal actions that interfere with their duties.
The most fundamental practical meaning is that G20 leaders and delegates shall not be liable to any form of arrest or detention by South African authorities. They also enjoy comprehensive immunity from the criminal, civil, and administrative jurisdiction of the receiving state.
As a result, no summons or warrant can be served upon them personally, their residences or the mission premises. This inviolability extends to their official and private residences, papers, correspondence, and property, protecting them from search, requisition, attachment, or execution.
Additionally, diplomatic agents are considered non-compellable witnesses in South African judicial proceedings.
It is critical to note that South African law deems it an offence to wilfully or carelessly issue or execute any legal process against a person enjoying immunity under the Act, with penalties including a fine or imprisonment up to three years.
While immunity provides this procedural shield, it does not wipe out underlying liabilities, and the diplomat remains subject to the jurisdiction of their home country’s courts.
When diplomatic immunity is abused: DIRCO’s non-arrest remedies
Despite enjoying immunity, representatives are under an explicit duty to respect South African laws and regulations. If a foreign diplomat abuses their privileges, the Department of International Relations and Cooperation (DIRCO) – through the diplomatic channel – has several options that do not involve local arrest.
DIRCO’s remedies include:
- Requesting the sending state to issue an official apology via note verbale.
- Requesting the sending state to waive the offending person’s immunity so they may face local legal proceedings.
- Requesting the immediate recall of the offending diplomat.
- Declaring the individual undesirable or persona non grata.
- In cases of non-compliance, DIRCO may de-register the person from its accreditation records, subsequently informing law enforcement and stakeholders.
In cases of “extremely grave transgressions”, particularly those involving dangerous driving and violence leading to injury or death, DIRCO may request the withdrawal of the offender or request the waiver of immunity so they can stand trial in South Africa.