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South Africa Case Law

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Criminal Law [2025] ZANCHC 35

C.A.L.S v S (CA&R 66/2023)

C.A.L.S v S (CA&R 66/2023) [2025] ZANCHC 35; 2025 (2) SACR 174 (NCK) (17 April 2025)

Court
Northern Cape High Court, Kimberley
Case number
CA&R 66/2023
Judges
Tlaletsi JP, Stanton J

The court held that the appellant’s conduct—removing and retaining his minor children in South Africa without the mother’s consent and in breach of a US custody order—constitutes an offence under South African law, specifically contempt of court and contravention of section 305(1)(q) of the Children’s Act. This satisfies the requirement of dual criminality, as the conduct is punishable by imprisonment for six months or more in both jurisdictions. The section 10(2) certificate from the US authorities was properly accepted as conclusive proof of sufficient evidence for prosecution. The appellan…

Source excerpt

  • Extradition Act
  • International Parental Kidnapping
  • Dual Criminality
  • Child Abduction
  • Contempt Of Court
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Criminal Law [2022] ZANCHC 54

Lewis-Springfield v S (CA&R40/2022)

Lewis-Springfield v S (CA&R40/2022) [2022] ZANCHC 54 (4 October 2022)

Court
Northern Cape High Court, Kimberley
Case number
CA&R 40/2022
Judge
Kgopa

The court found that the magistrate was empowered under section 9(2) of the Extradition Act to entertain bail pending extradition enquiry. The conduct alleged against the appellant, though termed 'International Parental Kidnapping' in the United States, corresponds to offences such as kidnapping, contempt of court, and child abduction under South African law, particularly given the existence of a custody order and the provisions of the Children’s Act and Hague Convention. The magistrate had sufficient information to consider the bail application, and the appellant failed to satisfy the court…

Source excerpt

  • Extradition Act
  • Bail Pending Extradition
  • International Parental Kidnapping
  • Child Abduction
  • Hague Convention
  • Contempt Of Court
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.