Rootman v The President of the Republic of South Africa and Others

Mr Frans Rootman obtained a default judgment in September 2003 from the Pretoria High Court against the Government of the Democratic Republic of Congo (DRC) for payment of more than US$15 million arising from a commercial contract relating to the recovery of stolen cobalt. Despite partial execution against limited commercial assets of the DRC, the judgment remained largely unsatisfied due to the protections afforded by the Foreign States Immunities Act 87 of 1981. Rootman then sought a declaratory order against the President and Minister of Justice, contending that the South African State had a constitutional duty to take reasonable steps to assist him in securing compliance by the DRC with the court order.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies the limits of constitutional obligations on the South African State in relation to the enforcement of court orders against foreign states. It affirms the territorial application of the Constitution, the principle of foreign state immunity, and the separation of powers by confirming that courts cannot compel the executive to engage in diplomatic interventions.