Okah v S and Others (19/2014) [2016] ZASCA 155; [2016] 4 All SA 775 (SCA); 2017 (1) SACR 1 (SCA) (3 October 2016)

Okah v S and Others (19/2014) [2016] ZASCA 155; [2016] 4 All SA 775 (SCA); 2017 (1) SACR 1 (SCA) (3 October 2016)

The Supreme Court of Appeal held that South African courts have extra-territorial jurisdiction over offences under the Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004 only where the statutory requirements are met. For counts relating to the Warri bombing, all acts by the appellant occurred outside South Africa and did not involve financing or affect South African interests; thus, the trial court lacked jurisdiction and those convictions were set aside. For counts involving financing and provision of equipment for the Warri bombing, the appellant's actions occurred in South Africa, and jurisdiction was established. For counts relating to the...

Citation
[2016] ZASCA 155
Parties
Appellant: Henry Emomotimi Okah; Respondent: The State; Respondent: National Director of Public Prosecutions; Respondent: Minister of Police; Respondent: Minister of International Relations; Respondent: Minister of Justice and Correctional Services
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
3 October 2016
Case Number
19/2014
Procedural Posture
Criminal Appeal / Appeal From South Gauteng High Court, Johannesburg
Outcome
Appeal upheld in part; convictions and sentences on certain counts set aside; substituted convictions and sentences imposed.
Judges
Navsa, Shongwe, Dambuza, van der Merwe, Schoeman
Legal Topics
Extra Territorial Jurisdiction, Terrorism, Protection of Constitutional Democracy Act, Financing of Terrorist Activities, Conspiracy, International Instruments
Criminal Law Constitutional Law Extra Territorial Jurisdiction Terrorism Protection of Constitutional Democracy Act Financing of Terrorist Activities Conspiracy International Instruments

Case Brief

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Parties

Henry Emomotimi Okah

Appellant

The State

Respondent

National Director of Public Prosecutions

Respondent

Minister of Police

Respondent

Minister of International Relations

Respondent

Minister of Justice and Correctional Services

Respondent

Procedural Posture

Criminal Appeal / Appeal From South Gauteng High Court, Johannesburg

Legal Issues

  1. 1 Whether the South African court had jurisdiction to try the appellant for terrorist acts committed in Nigeria.
  2. 2 Whether the convictions on counts relating to bombings in Nigeria were valid under the Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004.
  3. 3 Whether the conviction on count 13 (threats to South African interests in Nigeria) was supported by evidence.

Ratio Decidendi

The Supreme Court of Appeal held that South African courts have extra-territorial jurisdiction over offences under the Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004 only where the statutory requirements are met. For counts relating to the Warri bombing, all acts by the appellant occurred outside South Africa and did not involve financing or affect South African interests; thus, the trial court lacked jurisdiction and those convictions were set aside. For counts involving financing and provision of equipment for the Warri bombing, the appellant's actions occurred in South Africa, and jurisdiction was established. For counts relating to the...

Court Disposition

Appeal upheld in part; convictions and sentences on certain counts set aside; substituted convictions and sentences imposed.

Orders

  • The appeal is upheld to the extent reflected in the substituted order.
  • The order of the court below in respect of conviction is set aside and substituted: 'The appellant is convicted on counts 2, 4, 6, 8, 9, 10, 11 and 12.'