Chanthunya v S (4/2013)
Chanthunya v S (4/2013) [2013] ZANWHC 45 (30 May 2013)
The court held that the magistrate, in an extradition inquiry under section 10 of the Extradition Act, is not empowered to determine the sufficiency of the assurance provided by the requesting state regarding the death penalty. The magistrate's role is limited to determining whether the person is liable to be surrendered and whether there is sufficient evidence to warrant prosecution in the foreign state. The sufficiency of the assurance is a constitutional issue that must be decided by the Minister in terms of section 11 of the Act. Although the magistrate misdirected himself by assessing th…
Source excerpt
- Extradition
- Death Penalty
- Right To Life
- Ministerial Discretion
- Sufficiency Of Assurance