South Africa Case Law

Marsland v The Additional District Court Magistrate, Kempton Park and Another (162/2020)

Marsland v The Additional District Court Magistrate, Kempton Park and Another (162/2020) [2021] ZASCA 14; 2021 (1) SACR 454 (SCA) (10 February 2021)

Court

Supreme Court of Appeal

Case number

162/2020

Judges

Maya, Van der Merwe, Makgoka, Eksteen, Poyo-Dlwati

The Supreme Court of Appeal held that Botswana’s extradition request was properly received through diplomatic channels and that no s 5(1)(a) notice was required for a s 5(1)(b) arrest.

• Extradition Act 1962
• Southern African Development Community Protocol
• Provisional Arrest
• Interpretation Of Statutes
• Judicial Review
• Extradition

S v Shoniwa and Others (CA 41/2010)

S v Shoniwa and Others (CA 41/2010) [2011] ZANWHC 25 (27 May 2011)

Court

North West High Court, Mafikeng

Case number

CA 41/2010

Judges

Hendricks, Gutta

The court held that Botswana is a 'foreign state' under the Extradition Act 67 of 1962, as the treaty between South Africa and Botswana does not provide for reciprocal endorsement of warrants required for 'associated state' status. Therefore, the extradition enquiry was correctly held under section 10, not section 12. The magistrate's role under section 10 is limited to determining whether the person is liable to be surrendered and whether sufficient evidence exists to warrant prosecution in the requesting state. Constitutional or fair trial concerns, such as the lack of government-funded leg…

Source excerpt

• Extradition
• Extradition Act 1962
• Associated State Definition
• Fair Trial Rights
• Ministerial Discretion
• Authentication Of Documents