Justice department labels ‘unauthorised letter’ incident to UN Rapporteur an "isolated lapse"

THE Department of Justice and Constitutional Development has blamed an “isolated lapse” resulting in its officials issuing an 'unauthorised letter' to a sheriff attempting to serve court papers to United Nations Special Rapporteur on the Occupied Palestinian Territories, Francesca Albanese, at the weekend.

Albanese was in South Africa for the 23rd Nelson Mandela Annual Lecture, delivered at the Sandton Convention Centre, on Saturday under the theme “Enhancing Peace and Global Cooperation.”

Justice and Constitutional Development Minister Mmamoloko Kubayi on Sunday moved to apologise to Albanese saying the letter was issued without following the necessary protocols which included her knowledge or approval, or the Director-General, who serves as the Head of the Central Authority.

“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, 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 The Minister has instructed that this irregular service of process be withdrawn and extends an unconditional apology to Ms.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 the United Nations (UN),” said Kubayi's spokesperson, Terrence Manase.

Acting Justice and Constitutional Development Director-General (DG) Kalayvani Pillay had been instructed to institute an internal consequence management process and which Kubayi would “fully deal with” when she returns from the Socialist Republic of Vietnam where she is currently attending the UN Conference and Signing Ceremony on the United Nations Convention Against Cybercrime.

Pillay is currently acting for Advocate Doc Mashabane who was placed on immediate suspension in August pending an investigation into delays in commencing the Madlanga Commission of Inquiry.

Asked if the ‘lapse’ was attributed to the leadership changes, the department maintained it continued to function effectively in delivering on its mandate even in Mashabane’s absence.

“This incident does not reflect a systemic challenge but an isolated lapse that is being addressed through established governance mechanisms. The Department’s operations remain stable under the leadership of the Acting Director-General. There is no indication that the temporary change in leadership contributed to this particular incident. The Minister remains committed to ensuring full compliance with legal and administrative protocols and upholding South Africa’s obligations under both domestic and international law,” Manase said.

Portfolio Committee on International Relations and Cooperation, chairperson Supra Mahumapelo, said they supported Kubayi’s instruction for the withdrawal “of the irregular service of the process” as well as consequence management which will follow.

Christian Friends of Israeli Communities did not respond to requests for comment by deadline.

Cape Times