South Africa: Call for comments on draft Extradition Bill

On 22 August 2022, the Minister of Justice and Correctional Services published the draft Extradition Bill for public comment. The purpose of the Bill is to make provision for the extradition of people who have been accused and convicted of specific crimes in South Africa and foreign countries. It further provides for the surrender of people accused or convicted of certain crimes to international entities and provides measures to ensure compliance with South Africa’s international obligations, in line with its international law commitments.

The Bill comes in the wake of the 2020 Constitutional Court majority judgment which declared section 5(1)(a) of the Extradition Act 67 of 1962 invalid for its inconsistency with the separation of powers principle. This was because the Court found that section 5(1) of the Extradition Act requires a magistrate to issue a warrant of arrest only when notified by the Minister of Justice and Correctional Services, creating a dependency by the judiciary on the executive.

The deadline for submissions is Tuesday, 4 October 2022.

Comments can be emailed to Ms Baloyi at [email protected].

• The call for comments is available here.
• The draft Extradition Bill is available here.
• The Constitutional Court judgment in Smit v Minister of Justice and Correctional Services and Others [2020] ZACC 29 is available here.

Please note: The information contained in this note is for general guidance on matters of interest and does not constitute legal advice. For any enquiries, please contact us at [email protected].