S v Ebrahim (279/89)
S v Ebrahim (279/89) [1991] ZASCA 3; 1991 (2) SA 553 (AD); [1991] 4 All SA 356 (AD) (26 February 1991)
The Supreme Court of Appeal held that, under South African common law, which is rooted in Roman-Dutch law, a court lacks jurisdiction to try a person who has been abducted from another country by agents acting on behalf of the State. The court found that the appellant was abducted from Swaziland by persons acting as instruments of the South African State, in breach of international law and the common law principles of sovereignty and fair process. The subsequent arrest and trial within South Africa did not cure the original illegality. The court rejected prior authorities that disregarded the…
Source excerpt
- Jurisdiction
- Abduction Across Borders
- Sovereignty
- Due Process
- Unlawful Arrest