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

Harksen v Minister of Justice and Constitutional Development of the Republic of South Africa and Others (4717/02)

Harksen v Minister of Justice and Constitutional Development of the Republic of South Africa and Others (4717/02) [2002] ZAWCHC 59; [2002] 4 All SA 642 (C); 2003 (1) SACR 489 (C) (5 November 2002)

Court

Western Cape High Court, Cape Town

Case number

4717/02

Judges

D H Van Zyl, J H M Traverso

The court dismissed a review of an extradition order, holding that the applicant had consented, the Minister had enough material, and speciality limited prosecution.

• Extradition
• Principle Of Speciality
• Natural Justice
• Review Of Administrative Action
• Prescription Of Criminal Charges
• Principle-of-speciality