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)
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…
Source excerpt
- Extradition
- Separation Of Powers
- Ministerial Discretion
- Prosecuting Authority Powers
- International Treaties