Crawford Lindsay Von Abo v President of the Republic of South Africa

Mr Crawford Lindsay Von Abo, a South African citizen and businessman, owned extensive farming and commercial interests in Zimbabwe which were expropriated without compensation under Zimbabwe’s land reform programme. After exhausting local remedies in Zimbabwe, he requested the South African government, including the President, to afford him diplomatic protection and to accede to the ICSID Convention so that he could pursue international remedies. Dissatisfied with the government’s response, he approached the North Gauteng High Court, which declared that the government, including the President, had failed to properly consider and decide his request for diplomatic protection, rendering such failure unconstitutional and invalid. The High Court granted declaratory and mandatory relief. Mr Von Abo then approached the Constitutional Court for confirmation, under section 172(2)(a) of the Constitution, of paragraph 1 of the High Court’s order insofar as it related to the conduct of the President.

The application for confirmation was struck off the roll as the High Court order was not subject to confirmation under section 172(2)(a). The President was ordered to pay the wasted costs relating to the interlocutory applications, and the interim confidentiality order was discharged.

The case clarifies the scope of section 172(2)(a) of the Constitution by distinguishing between conduct attributable to the President acting alone and conduct of the national executive collectively. It limits the category of High Court orders requiring confirmation by the Constitutional Court and reinforces principles of executive authority and separation of powers in South African constitutional jurisprudence.