Chapter 2
Jurisdiction of South African Courts and Institution od Prosecutions in South African Courts in Respect of Crimes (ss 4-5)
4 Jurisdiction of South African courts in respect of crimes
(2) Despite any other law to the contrary, including customary and conventional international law, the fact that a person
(a) is or was a head of State or government, a member of a government or parliament, an elected representative or a government official; or
(b) being a member of a security service or armed force, was under a legal obligation to obey a manifestly unlawful order of a government or superior,
is neither-
(i) a defence to a crime; nor
(ii) a ground for any possible reduction of sentence once a person has been convicted of a crime.
1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.