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South Africa Case Law

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Criminal Law [2020] ZAWCHC 185

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…

Source excerpt

  • Extradition Act
  • Universal Jurisdiction
  • Double Jeopardy
  • Audi Alteram Partem
  • Appeal Rights Of State
  • International Treaties
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Public International Law [2013] ZASCA 168

National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (485/2012)

National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (485/2012) [2013] ZASCA 168; 2014 (2) SA 42 (SCA); [2014] 1 All SA 435 (SCA) (27 November 2013)

Court
Supreme Court of Appeal
Case number
485/2012
Judges
Navsa, Brand, Ponnan, Tshiqi, Theron

The Supreme Court of Appeal held that the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 empowers South African authorities to investigate crimes against humanity committed outside South Africa, irrespective of the alleged perpetrators' presence in the country. The SAPS and NPA misconstrued their powers and obligations under the ICC Act and related legislation. The Act criminalises such conduct at the time of its commission, and the SAPS, through its Directorate for Priority Crime Investigation (the Hawks), has the competence to initiate investigations i…

Source excerpt

  • Implementation Of Rome Statute
  • Crimes Against Humanity
  • Universal Jurisdiction
  • Investigative Powers
  • Extraterritorial Criminal Jurisdiction
  • Constitutional Obligations
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.