S v Mokhesi and Others (45/2021)
S v Mokhesi and Others (45/2021) [2025] ZAFSHC 183; 2025 (2) SACR 182 (FB) (13 June 2025)
The court held that none of the six questions advanced by the State constituted valid questions of law as required by section 319 of the Criminal Procedure Act. Most were factual in nature or disguised as questions of law. The extradition request for accused 17 was invalid as it was not made by the Minister of Justice and Correctional Services, in line with the Schultz precedent. The State was aware of the Schultz decision prior to the extradition and did not act to correct the request. Furthermore, the State's application was not competent as there was no acquittal, only a finding of lack of…
Source excerpt
- Extradition
- Jurisdiction
- Reservation Of Questions Of Law
- Special Plea
- Authority Of Precedent