South Africa Case Law

Kouwenhoven v DPP (Western Cape) and Others (288/2021)

Kouwenhoven v DPP (Western Cape) and Others (288/2021) [2021] ZASCA 120; [2021] 4 All SA 619 (SCA); 2022 (1) SACR 115 (SCA) (22 September 2021)

Court

Supreme Court of Appeal

Case number

288/2021

Judges

Ponnan, Wallis, Schippers, Hughes, Kgoele

The Supreme Court of Appeal held that an extradition enquiry is a criminal proceeding for the purposes of section 310(1) of the Criminal Procedure Act, based on the nature and character of the proceedings and their substantial similarities to criminal trials. The DPP is entitled to appeal a magistrate's discharge of a person sought for extradition on a question of law, and the accused is not entitled to notice or to participate in the formulation of the stated case. The court further held that the phrase 'committed within the jurisdiction' in section 3(1) of the Extradition Act refers to the…

Source excerpt

• Extradition Act
• Criminal Procedure Act
• Jurisdiction Of Requesting State
• Appealability Of Magistrate Decisions
• Statutory Interpretation
• International Criminal Law

Kouwenhoven v Minister of Police and Others (1477/2018)

Kouwenhoven v Minister of Police and Others (1477/2018) [2019] ZAWCHC 154; [2019] 4 All SA 768 (WCC); 2021 (1) SACR 167 (WCC) (19 September 2019)

Court

Western Cape High Court, Cape Town

Case number

1477/2018

Judges

Fortuin, Cloete

The High Court dismissed a review challenge to an extradition arrest warrant, holding the warrant lawful, the affidavit valid, and the Minister’s notification rational.

• Extradition Act
• Warrant Of Arrest
• Procedural Irregularity
• Commissioner Of Oaths
• Bad Faith And Abuse Of Process
• International Criminal Law