M.R v S (A330/2018)
M.R v S (A330/2018) [2019] ZAWCHC 181; 2020 (2) SACR 649 (WCC) (28 November 2019)
The court held that Briscoe's affidavit, although not explicitly labelled as a certificate nor referencing section 10(2), meets the requirements of section 10(2) of the Extradition Act. The affidavit is an official attestation by an authorised prosecution officer, stating that there is sufficient evidence for prosecution. The Extradition Act does not prescribe a specific format for such certificates, and the legislative intent is to simplify extradition procedures, not to impose technical impediments. The hearsay nature of the affidavit does not render it inadmissible, as the Act and relevant…
Source excerpt
- Extradition Act
- Hearsay Evidence
- Certificate Of Sufficient Evidence
- European Convention On Extradition
- Admissibility Of Documents