South Africa Case Law

C.A.L.S v S (CA&R 66/2023)

C.A.L.S v S (CA&R 66/2023) [2025] ZANCHC 35; 2025 (2) SACR 174 (NCK) (17 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 66/2023

Judges

Tlaletsi JP, Stanton J

The court held that the appellant’s conduct—removing and retaining his minor children in South Africa without the mother’s consent and in breach of a US custody order—constitutes an offence under South African law, specifically contempt of court and contravention of section 305(1)(q) of the Children’s Act. This satisfies the requirement of dual criminality, as the conduct is punishable by imprisonment for six months or more in both jurisdictions. The section 10(2) certificate from the US authorities was properly accepted as conclusive proof of sufficient evidence for prosecution. The appellan…

Source excerpt

• Extradition Act
• International Parental Kidnapping
• Dual Criminality
• Child Abduction
• Contempt Of Court

Olalere v Director of Public Prosecutions North Gauteng (A61/2024)

Olalere v Director of Public Prosecutions North Gauteng (A61/2024) [2025] ZAGPPHC 9 (6 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

A61/2024

Judges

Engelbrecht, JJ Strijdom

The court held that the Extradition Act does not prohibit the commencement of extradition proceedings where criminal proceedings are pending or a sentence is being served in South Africa. Section 11(b) of the Act merely allows the Minister to delay surrender until local proceedings are concluded and any sentence served. The committal phase and serving of a local sentence may run concurrently, and there is no requirement to postpone extradition proceedings. The magistrate properly admitted arguments and concerns raised by Olalere's counsel, and there was no procedural unfairness or denial of t…

Source excerpt

• Extradition Act
• Committal Proceedings
• Fair Trial Rights
• Dual Criminality

Van Rooyen v S (A404/2013)

Van Rooyen v S (A404/2013) [2014] ZAGPJHC 177 (13 March 2014)

Court

South Gauteng High Court, Johannesburg

Case number

A404/2013

Judges

Wright, Modiba

High Court appeal against an extradition order dismissed. The court held the US documents were properly authenticated and that dual criminality was satisfied.

• Extradition Act
• Dual Criminality
• Authentication Of Documents
• Extradition Treaty
• Conclusive Proof Certificate
• Bail Conditions