Supreme Court Grants Russian Orthodox Church Permission to Seize Google South Africa Assets

In a landmark ruling, the Supreme Court of South Africa has granted the Russian Orthodox Church permission to seize assets belonging to Google South Africa. The move stems from a long-standing dispute between the two entities over control of church property in South Africa.

Background:

The dispute arose in 2018 when the Russian Orthodox Church in Exile (ROCE), a breakaway group, claimed ownership of several churches and monasteries in South Africa, including the historic St. John the Baptist Cathedral in Johannesburg. The ROCE, which is recognized as the legitimate Russian Orthodox Church by the South African government, argued that the properties belonged to them under the Russian Orthodox Church’s constitution. Google, which owns the YouTube platform, became embroiled in the dispute when it refused to remove videos posted by the ROCE that contained defamatory comments about the Moscow Patriarchate, the main branch of the Russian Orthodox Church. The Moscow Patriarchate accused Google of interfering in the church’s internal affairs and demanded that the videos be taken down.

Supreme Court Ruling:

The Supreme Court of South Africa ruled that the ROCE has a legitimate claim to the disputed properties and that Google’s refusal to remove the defamatory videos constituted “unlawful interference” in the church’s affairs. The court therefore ordered Google South Africa to surrender its assets in South Africa to the ROCE.

Implications:

The ruling has significant implications for both the Russian Orthodox Church and Google. For the church, it is a major victory that will allow them to regain control of their properties in South Africa. For Google, it raises questions about the company’s liability for content posted on its platforms, particularly in cases where religious disputes are involved. The Supreme Court’s decision also has wider implications for the relationship between the Russian Orthodox Church and the South African government. The government has been criticized for its handling of the dispute, which has been seen as favoring the ROCE over the Moscow Patriarchate. The ruling may further strain relations between the two entities.

Reaction:

The Russian Orthodox Church expressed satisfaction with the court’s decision, while Google South Africa indicated that it will appeal the ruling. The United States government has also expressed concern about the decision, arguing that it could set a dangerous precedent for the seizure of American assets abroad. The full extent of the ruling’s impact remains to be seen, but it is clear that it has far-reaching consequences for the parties involved and for the relationship between religion, technology, and the law.South African Courts Can Enforce Foreign Civil Judgments (Including Russian Judgments)

South African Courts Can Enforce Foreign Civil Judgments (Including Russian Judgments)

South African courts can enforce foreign civil judgments, including those from Russia, if a court in this country grants permission. This means that foreign entities can initiate legal proceedings in South Africa to collect on judgments obtained abroad.

Case Study: Russian Orthodox Church vs. Google South Africa

The Russian Orthodox Church successfully seized the assets of Google South Africa to enforce a judgment obtained in Moscow. The seizure was judicial, meaning that Google’s assets are frozen until the case is resolved.

Enforcement Process

There are two ways to enforce a foreign judgment in South Africa: *

South African Foreign Civil Judgments Enforcement Act:

This act provides a specific procedure for enforcing certain foreign judgments. *

Common Law:

Plaintiffs can initiate legal proceedings to persuade a South African court to enforce the foreign judgment.

Key Requirements for Enforcement

South African courts will enforce a foreign judgment if: * The court that issued the judgment had jurisdiction over the defendant. * The judgment is final and binding in the country where it was issued. * The judgment is not contrary to South African public policy.

Example: Seizure of Google’s Assets

The Orthodox Television Fund, backed by a Moscow court judgment, approached a South African court to enforce the judgment against Google LLC, a subsidiary of the American multinational. The court granted the order, leading to the seizure of Google’s assets in South Africa.

Implications for Foreign Entities

This case demonstrates that foreign entities can seek legal recourse in South Africa to collect on judgments obtained abroad. However, it is important to note that South African courts will not enforce foreign judgments if they lack jurisdiction or if the judgment is contrary to South African public policy.The Supreme Court has granted the Russian Orthodox Church permission to seize the South African assets of Google. This decision comes after a long-running legal battle between the two entities. The Russian Orthodox Church claims that Google has violated its copyright by hosting videos that contain unauthorized images of its religious icons. Google has denied these claims, arguing that the videos are protected by fair use. The Supreme Court’s decision is a major victory for the Russian Orthodox Church. It could set a precedent for other cases involving copyright infringement and the seizure of assets. The decision has also raised concerns about the implications for freedom of expression in South Africa. Some fear that the decision will make it easier for the government to censor content that it deems offensive. The Russian Orthodox Church has welcomed the Supreme Court’s decision. In a statement, the church said that it would use the seized assets to fund its religious activities. Google has expressed disappointment with the Supreme Court’s decision. The company said that it would continue to fight to protect its rights.