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Reentering the International Community: South Africa and Extradition

NCJ Number
161919
Journal
Criminal Law Forum Volume: 6 Issue: 2 Dated: (1995) Pages: 369-377
Author(s)
D van Zyl Smit
Date Published
1995
Length
9 pages
Annotation
South Africa is currently facing several difficulties in the area of international extradition as a result of its years of international isolation.
Abstract
The current transformation of the South African criminal justice system includes placing considerable emphasis on international cooperation in extradition and other areas. However, South Africa currently has unambiguous extradition agreements with only a few countries. Without extradition agreements, little can be done under current South African law to deal with today's highly mobile offenders. Therefore, the government is seeking to establish acceptable extradition arrangements with other countries. One means for accomplishing this goal is the Commonwealth Scheme. To this end, the South African Law Commission has been considering amendments to the Extradition Act and has circulated a report and draft legislation for comment. The government is also eager to benefit from experience with the United Nations Model Treaty on Extradition. It is particularly interested in the discussion on which offenses should be regarded as extraditable and what degree of proof is sufficient for a South African judicial officer to approve an application for extradition. The exclusion of political offenses is also an important aspect of the process of reviewing extradition law in South Africa. Footnotes