South Africa Case Law

Patel v S (A101/2014)

Patel v S (A101/2014) [2015] ZAGPJHC 188; [2015] 4 All SA 382 (GJ); 2016 (2) SACR 141 (GJ) (18 August 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A101/2014

Judges

P Coppin, T D Vilakazi

The court held that the principle of double criminality, as expressed in both the Extradition Act and the RSA-USA Extradition Treaty, does not require that the conduct be an offence in South Africa at the time of its commission in the foreign state, but rather at the time of the extradition request. The relevant provisions of FICA were in force at the time of the request, satisfying the requirement. The certificate from the US Prosecuting Authority, although not using the exact wording of section 10(2), was sufficient in substance and adequately described the offences. The magistrate was corr…

Source excerpt

• Extradition
• Double Criminality
• Extradition Treaty
• Financial Crimes
• Certificate Of Evidence
• Principle Of Speciality

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

Makwakwa and Others v S (A294/10)

Makwakwa and Others v S (A294/10) [2011] ZAFSHC 27 (11 February 2011)

Court

Free State High Court, Bloemfontein

Case number

A294/10

Judges

Van der Merwe, CJ Musi

The court dismissed an extradition appeal, holding that section 10 of the Extradition Act requires sufficient evidence to warrant prosecution, not proof beyond reasonable doubt.

• Extradition Act
• Prima Facie Evidence
• Sufficient Evidence Standard
• Extradition Treaty
• Burden Of Proof
• Admissibility Of Evidence