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Marsland v Additional District Court Magistrate, Kempton Park and Another (29827/2019) [2019] ZAGPJHC 545 (10 September 2019)
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.
S v Khanyisile and Another (CA 12/2012) [2012] ZANWHC 35 (19 July 2012)
The court held that Botswana is a 'foreign state' under the Extradition Act, as the Treaty between South Africa and Botswana does not provide for reciprocal endorsement of warrants required for 'associated state' status. The magistrate correctly conducted the inquiry under section 10. Concerns regarding corporal punishment, medical care, non-discrimination, and legal representation are not matters for the magistrate under section 10, but for the Minister of Justice to consider under section 11. The Southern African Development Community Protocol on Extradition provides additional safeguards,…
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