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South Africa Case Law

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Criminal Law [2019] ZAWCHC 187

Roche-Kelly v S (A330/2018)

Roche-Kelly v S (A330/2018) [2019] ZAWCHC 187 (28 November 2019)

The court held that Briscoe's affidavit, although not labelled as a certificate nor referencing section 10(2), satisfies the statutory requirements by attesting to the facts and confirming sufficient evidence for prosecution. The Extradition Act does not prescribe a format for such certificates, and the affidavit was issued by an authorised prosecution officer. The hearsay nature of the affidavit does not render it inadmissible, as extradition proceedings permit hearsay evidence and do not require first-hand testimony at this stage. The statement of offences document, though unsigned and not…

  • Extradition Act
  • Hearsay Evidence
  • Certificate Of Sufficiency
  • European Convention On Extradition
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Criminal Law [2019] ZAWCHC 181

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…

  • Extradition Act
  • Hearsay Evidence
  • Certificate Of Sufficient Evidence
  • European Convention On Extradition
  • Admissibility Of Documents
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.