South Africa Case Law

Schultz v Minister of Justice and Correctional Services and Others (2022/002804)

Schultz v Minister of Justice and Correctional Services and Others (2022/002804) [2022] ZAGPPHC 1001; 2023 (2) SACR 145 (GP) (21 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

2022/002804

Judge

N Janse Van Nieuwenhuizen

The court held that the prosecuting authority, not the Minister, is the authorised body to decide whether to request the applicant's extradition from the USA. The Minister's role is administrative and limited to facilitating the transmission of requests through diplomatic channels. There is no legislative provision obliging the Director General or Minister to consider representations from the applicant prior to making an extradition request. The relief sought by the applicant, both in terms of the right to make representations and the assertion that only the Minister may submit an extradition…

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• Extradition
• Separation Of Powers
• Ministerial Discretion
• Prosecuting Authority Powers
• International Treaties

Director of Public Prosecutions, Western Cape v Kouwenhoven; Kouwenhoven v Director of Public Prosecutions, Western Cape and Others (A181/2020)

Director of Public Prosecutions, Western Cape v Kouwenhoven; Kouwenhoven v Director of Public Prosecutions, Western Cape and Others (A181/2020) [2020] ZAWCHC 185; [2021] 1 All SA 843 (WCC); 2021 (1) SACR 579 (WCC) (23 December 2020)

Court

Western Cape High Court, Cape Town

Case number

A181/2020

Judges

Rogers, Sher

The court held that section 310 of the Criminal Procedure Act applies to appeals against discharge orders under section 10(3) of the Extradition Act, as extradition enquiries, while sui generis, share sufficient features with criminal proceedings to justify such appeals on points of law. The phrase 'committed within the jurisdiction of a foreign State' in section 3(1) of the Extradition Act is to be interpreted broadly, including extraterritorial jurisdiction where the requesting state has lawful authority to try the offence, consistent with international law and South Africa's treaty obligat…

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• Extradition Act
• Universal Jurisdiction
• Double Jeopardy
• Audi Alteram Partem
• Appeal Rights Of State
• International Treaties

Marsland v Additional District Court Magistrate, Kempton Park and Another (29827/2019)

Marsland v Additional District Court Magistrate, Kempton Park and Another (29827/2019) [2019] ZAGPJHC 545 (10 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

29827/2019

Judges

K E Matojane, F Dippenaar

High Court review of provisional arrest in an extradition matter. The court held that a Ministerial notice was not required before the Magistrate could proceed.

• Extradition Act
• Sadc Protocol On Extradition
• Provisional Arrest
• International Treaties
• Judicial Review
• Extradition