S v Shoniwa and Others (CA 41/2010)
S v Shoniwa and Others (CA 41/2010) [2011] ZANWHC 25 (27 May 2011)
The court held that Botswana is a 'foreign state' under the Extradition Act 67 of 1962, as the treaty between South Africa and Botswana does not provide for reciprocal endorsement of warrants required for 'associated state' status. Therefore, the extradition enquiry was correctly held under section 10, not section 12. The magistrate's role under section 10 is limited to determining whether the person is liable to be surrendered and whether sufficient evidence exists to warrant prosecution in the requesting state. Constitutional or fair trial concerns, such as the lack of government-funded leg…
Source excerpt
- Extradition
- Extradition Act 1962
- Associated State Definition
- Fair Trial Rights
- Ministerial Discretion
- Authentication Of Documents