Chapter 3
Functioning, privileges and immunities of Court in South Africa (ss 6-7)

6 Seat of Court in Republic

The President may, at the request of the Court and by proclamation in the Gazette, declare any place in the Republic to be a seat of the Court.

7 Privileges and immunities of Court

(1) The Court has such rights and privileges of a South African court of law in the Republic as may be necessary to enable it to perform its functions.

(2) The judges, the Prosecutor, the Deputy Prosecutors and the Registrar of the Court, when performing their functions in the Republic, shall enjoy such immunities and privileges as are accorded a representative of another state or government in terms of section 4 (2) of the Diplomatic Immunities and Privileges Act, 2001 (Act 37 of 2001).

(3) The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry of the Court enjoy the privileges and facilities necessary for the performance of their functions in the Republic as may be published by proclamation in the Gazette in accordance with section 7 (2) of the Diplomatic Immunities and Privileges Act, 2001.

(4) The Cabinet member responsible for foreign affairs may, after consultation with the Cabinet member responsible for the administration of justice and by notice in the Gazette, on such conditions as he or she considers necessary, confer immunities and privileges on any other member of the staff of the Court or any other person performing functions for purposes of this Act.

(5) The name of any person who enjoys immunities or privileges in terms of this section must be entered into the register contemplated in section 9 (1) of the Diplomatic Immunities and Privileges Act, 2001, and sections 9 (2) and (3) of that Act apply with the necessary changes.

Article 48
Privileges and immunities
1. The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfilment of its purposes.
2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.
3. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.
4. Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.
5. The privileges and immunities of:
(a) A judge or the Prosecutor may be waived by an absolute majority of the judges;
(b) The Registrar may be waived by the Presidency;
(c) The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor;
(d) The Deputy Registrar and staff of the Registry may be waived by the Registrar.