S v Mokhesi and 17 Others (45/2021)
S v Mokhesi and 17 Others (45/2021) [2025] ZAFSHC 164 (3 June 2025)
The court found that the extradition of Ms Cholota from the United States of America to South Africa was unlawful because the request for extradition was made by the National Prosecuting Authority and not by the Minister of Justice, as required by law and confirmed by the Supreme Court of Appeal in Schultz. The involvement of the Department of International Relations and Co-ordination was deemed merely administrative and did not satisfy the requirement for executive authority. As a result, the court held that it lacked jurisdiction to try Ms Cholota on the offences charged, and she was ordere…
Source excerpt
- Extradition
- Jurisdiction Of Criminal Courts
- Doctrine Of Legality
- International Law Compliance
- Special Plea
- Executive Authority In Extradition