The ANC says it will not recognise Leo Brent Bozell as the US ambassador to South Africa, at least until President Cyril Ramaphosa has officially accepted his credentials.
Though Bozell has already hit the ground running having several meetings across the country, ANC deputy secretary-general Nomvula Mokonyane revealed that the party would not take his meeting requests as they do not recognise him as ambassador.
This is despite him presenting a copy of his credentials to Clayson Monyela, the deputy director-general of department of international relations and cooperation in February.
“Let me start with the ambassador candidate of the United States of America, he is as yet to be received by the President of the Republic of South Africa,” said Mokonyane. “Up until that time when the president receives his credentials he is not an ambassador based in the Republic. So we are awaiting that because we understand processes.”
However, article 13 of the Vienna Convention suggests that Bozell is a fully-fledged ambassador by virtue of presenting a copy of his credentials to a Dirco official.
It reads: “The head of the mission is considered as having taken up his functions in the receiving State either when he has presented his credentials or when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, in accordance with the practice prevailing in the receiving State which shall be applied in a uniform manner.”
He is an ambassador-designate until he presents his credentials to the president. Only then he becomes the ambassador of the US to South Africa
— Nomvula Mokonyane, ANC deputy secretary-general
It further states: “The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission.”
But Mokonyane was adamant, telling the Sunday Times on Thursday that as far as they are concerned Bozell is not an ambassador.
“No. He is an ambassador-designate until he presents his credentials to the president. Only then he becomes the ambassador of the US to South Africa,” said Mokonyane.
“His first port of call was protocol at Dirco, where he presented a copy of his letters to be assisted with his settling in. They also assist in appointments for introduction to ministries of his priority for acquaintance only. He cannot negotiate any agreements, and can only declare his mandate for engagements when fully accredited.”
Mokonyane said for now, Bozell enjoys a “nuanced immunity” that would then be upgraded to “full diplomatic immunity after he presents his credentials”.
“For now, his ‘immunity’ was only to facilitate entry and to make settling-in arrangements,” said Mokonyane.
Bozell has been criss-crossing the country meeting with US businesses based in South Africa. So far he has visited the Apartheid Museum, political party leaders and had a trip to KwaZulu-Natal.
Bozell also had a media session where he expressed his displeasure at some of South Africa’s policies, where he also said he essentially did not care about the Constitutional Court’s ruling that found that the Kill the Boer chant was not hate speech.
It was these comments that led to Dirco demarching Bozell, saying his conduct was unbecoming of a visitor of his calibre.
Have they reached out to us? Yes. There are many people that have been reaching out to us, we have also been in touch with the US embassy here over many other programmes of the ANC
— Mokonyane
Mokonyane said as far as the party is concerned, he remains an illegitimate ambassador at least until his meeting with Ramaphosa scheduled for next month.
“Others can meet with him, others can interact with him, but up until the head of state, who has to receive him, accepts his credentials, we are not even looking forward to an invitation because it will be informal. It will not add value,” said Mokonyane.
“We do note of course there are many who have already met him. Understanding the diplomatic space, we believe that this is the right approach.”
Mokonyane confirmed that the US embassy has reached out to the ANC for a potential meeting, a request that has seemingly been declined, at least for now.
“Have they reached out to us? Yes. There are many people that have been reaching out to us. We have also been in touch with the US embassy here over many other programmes of the ANC, but what we will not do is give legitimacy to that, that is as yet to be legitimate in our country. We do take note of what everybody has done,” she said.
Mokonyane was speaking ahead of the ANC’s People’s March on Saturday to the Constitution Hill in Braamfontein.
The march on Human Rights Day is said to be in defence of the sovereignty of the country.
“The reason to go to Constitutional Hill is about showing that this is what South Africans stands for. It’s not a protest against the US, but the US finds itself through its administration to be one of those that seeks to undermine this world-embraced constitution of the Republic,” said Mokonyane.
“So it is quite correct, very timeous, that when others are beginning to flag South Africa, including the one who is as yet to be received by the head of state, flagging that these are some of the things that they are going to be dealing with [such as] the genocide, the BBBEE policy ― it’s our policy, and that’s why we will then use that historic day to go out in our numbers and defend our sovereignty.”
“Our policies cannot be written by others, because they serve the interests of our country.”
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.