By Dickson Jere
The Legal Resources Foundation (LRF) is a nonprofit organization dedicated to providing legal assistance to the poor people in Zambia. It received funding from the Norwegian Embassy in Zambia for its programs. Under the contract of financial support, the two sides agreed that any disputes between them would be resolved by the Zambian Courts.
A dispute arose, which the two parties failed to resolve amicably. LRF decided to sue the Norwegian Embassy in the High Court as per agreement. The Court documents were served on the premises of the Embassy in Zambia.
However, the Norwegian Embassy claimed diplomatic immunity and argued that it cannot be served Court Process as it is protected against such actions.
On the other hand, LRF argued that the Embassy waived its immunity by signing agreement that Zambian Courts would have jurisdiction to determine the dispute.
LRF further argued that the diplomatic immunity does not cover private commercial contracts between embassies and private entities.
The matter reached the Court of Appeal, where a panel of three Judges looked at the case.
“The service of the Writ of Summons on the premises of the Norwegian Embassy was therefore unacceptable as it was in breach of the inviolability of the Embassy or diplomatic mission,” the Judges said.
“Although the Royal Norwegian Embassy premises formed part of the territory of the receiving state (Zambia), it was improper to serve the Court process at the embassy…” the Judges said.
The Court explained that service on foreign states and diplomats is governed by international law and not the Zambian Law but it can be served if the Embassy has consented.
The Court of Appeal explained that Embassies can be sued on commercial transactions as the law provides an exception to the rule.
“The view we take is that this case falls under the exception to the rule of sovereign immunity and commercial activity therefore the Appellant is permitted in international law to sue the Respondent,” the Judges said.
The Court guided that the Court documents would then be served through Ministry of Foreign Affairs if the Embassy did not consent to receiving the process.
“Under the circumstances, it is only practical that the appellant goes back to the drawing board,” the Judges advised, noting that the Norwegians have even closed its Embassy in Zambia.
Case citation- Legal Resources Foundation Limited v Norwegian Ministry of Foreign Affairs -Appeal No. 118/2018.
In most jurisdictions, the Courts have ruled that contracts of employment with local staff are not covered by diplomatic immunity. This is to allow workers claim their dues in Courts.
