Stopforth v Minister of Justice and Others, Veenendaal v Minister of Justice and Others (316/97, 317/97) [1999] ZASCA 72; [1999] 4 All SA 383 (A); 2000 (1) SA 113 (SCA) (27 September 1999)

Stopforth v Minister of Justice and Others, Veenendaal v Minister of Justice and Others (316/97, 317/97) [1999] ZASCA 72; [1999] 4 All SA 383 (A); 2000 (1) SA 113 (SCA) (27 September 1999)

The Supreme Court of Appeal held that the Amnesty Committee does not have jurisdiction to grant amnesty for offences committed by South African citizens in Namibia, as such acts were not associated with the South African conflicts of the past and were not directed against the South African State, former States, or political organisations as contemplated by the Promotion of National Unity and Reconciliation Act. The acts in question were committed in support of a conflict in Namibia and targeted the United Nations, not South African political opponents. Furthermore, the offences were not triable in South African courts, as they were not extra-territorial crimes such as treason. Parliament...

Citation
[1999] ZASCA 72
Parties
Appellant: Darryl Garth Stopforth; Appellant: Lennerd Michael Veenendaal; Respondent: Minister of Justice; Respondent: Truth and Reconciliation Commission (Amnesty Committee); Respondent: Government of Namibia; Respondent: Minister of Safety and Security
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 1999
Case Number
316/97, 317/97
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application to Suspend Extradition and Refer Extradition Application Back
Outcome
The Stopforth appeal is dismissed with costs. The Veenendaal appeal is struck off the roll with costs.
Judges
Mahomed, Olivier, Melunsky, Farlam, Madlanga
Legal Topics
Extradition, Amnesty Jurisdiction, Promotion of National Unity and Reconciliation Act, Territorial Jurisdiction, Fugitive From Justice
Administrative Law Civil Procedure Extradition Amnesty Jurisdiction Promotion of National Unity and Reconciliation Act Territorial Jurisdiction Fugitive From Justice

Case Brief

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Parties

Darryl Garth Stopforth

Appellant

Lennerd Michael Veenendaal

Appellant

Minister of Justice

Respondent

Truth and Reconciliation Commission (Amnesty Committee)

Respondent

Government of Namibia

Respondent

Minister of Safety and Security

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application to Suspend Extradition and Refer Extradition Application Back

Legal Issues

  1. 1 Does the Amnesty Committee have jurisdiction to grant amnesty for offences committed by South African citizens outside the Republic?
  2. 2 Can the extradition order be suspended pending adjudication of amnesty applications?
  3. 3 Is there a legal basis to refer the extradition application back to the magistrate after an order has been made?

Ratio Decidendi

The Supreme Court of Appeal held that the Amnesty Committee does not have jurisdiction to grant amnesty for offences committed by South African citizens in Namibia, as such acts were not associated with the South African conflicts of the past and were not directed against the South African State, former States, or political organisations as contemplated by the Promotion of National Unity and Reconciliation Act. The acts in question were committed in support of a conflict in Namibia and targeted the United Nations, not South African political opponents. Furthermore, the offences were not triable in South African courts, as they were not extra-territorial crimes such as treason. Parliament...

Court Disposition

The Stopforth appeal is dismissed with costs. The Veenendaal appeal is struck off the roll with costs.

Orders

  • The Stopforth appeal is dismissed with costs, including the costs of two counsel.
  • The Veenendaal appeal is struck off the roll with costs, including the costs of two counsel.