You Cannot Sue Embassy – Court
By Dickson Jere
A Zambian man was employed as local staff at the Democratic Republic of Congo (DRC) Consulate in Zambia as a Clerk. He served between 2002 to 2010 before he passed on. At the time of his death, he was owed about USD28,000.00 in unpaid terminal benefits, which the embassy failed to settle to his estate.
After failing to get the benefits, the Administrator of the Estate sued the DRC Consulate General (on behalf of the Consulate) in the Ndola High Court, claiming for the payment of the terminal benefits with interest.
Even though the Consulate was served Court process, it did not enter appearance nor file documents in defence of the claim. It simply, ignored the case.
However, when the matter came up before the High Court Judge, he had to ask himself whether he had powers to hear the case involving a diplomatic Consulate in Zambia.
“The question prompted by the pleadings is whether this Court has jurisdiction to hear and determine an action against the Consulate or like offices,” the Judge noted.
He then opined that the Diplomatic Immunities and Privileges Act, Chapter 20 of the Laws of Zambia, gives immunity to a Consulate and persons connected to it from legal suits in respect of things done or omitted to be done in the course of their official duties.
“The issue of payment of employment benefits squarely falls within the official duties of the Defendant and it is caught up by the said Act,” the Judge ruled.
“The Consulate and its officers are insulated from legal process such as the present action,” the Court added.
He said this immunity extends to the enforcement of Court Judgments against the foreign missions in Zambia.
“Aptly put, a Consulate just like an Embassy or High Commission office is a state within a state,” the Judge said and dismissed the case on the ground that it does not have the power to hear it.
“I, therefore, dismiss this matter for want of jurisdiction on the part of Court,” he added.
Case citation- Felister Musonda v Consulate General of the Republique Democratique du Congo (2024/HN/314) and Judgement delivered in open Court on 31st October, 2024.
Usually, such benefits are claimed through the Ministry of Foreign Affairs who then engages the Consulate using diplomatic channels to have the money paid.