The incorporation of extradition agreements

• Jurisdiction: South Africa
• Citation: (2003) 16 SACJ 311
• Pages: 311-322
• Published date: 24 May 2019
• Author: Anton Katz
• Date: 24 May 2019

The incorporation of

extradition agreements

ANTON KATZ

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ABSTRACT

Until South Africa's emergence from international isolation in 1994 very few states

were willing to become parties to international agreements with it. Under the

constitutional dispensation and an increase in transnational criminal activity more

states are willing to make arrangements with South Africa concerning international co-

operation in criminal matters, including extradition. Once South Africa becomes a

party to such an agreement its terms do not have domestic effect until incorporated

into South African law. The legislative provisions dealing with the incorporation of

extradition agreements appear not to satisfy the constitutional requirements

concerning incorporation. Therefore, not only will international fugitives benefit but

South Africa may also be embarrassed by its failure to satisfy its international

obligations. This must be remedied by legislative enactment as soon as possible.

I Introduction

(a) The nature of extradition

The process of extradition is a bilateral event between two sovereign states.

One sovereign state surrenders an individual situated in its territory in

response to a request for extradition by another sovereign state. The purpose

of surrender is to ensure that the sought-after individual (fugitive) stands trial

or serves a sentence in the requesting state. Extradition is thus the surrender

by one state, at the request of another state, of a fugitive who is either

accused or convicted of a crime by the requesting state.

1

Extradition law and practice involves international law, international

politics, criminal law and human rights. The extradition process involves not

only the judicial branch but also the executive branch of government in most

jurisdictions. A request for extradition and the response thereto may impact

not only on the prosecution and punishment of crime, but also on the

international relations between the states. Also the relationship between two

different legal systems and the relationship between a state and those

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

BSc LLB (UCT) LLM (Columbia),

Member of the Bars in Cape Town and New York, Practising

Advocate at the Cape Bar.

1

J Dugard

International Law - A South African Perspective

2ed (2000) 155.

311

(2003) 16 SACJ 311

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