Lamola shines light on Extradition Bill
20 Oct 2022
Plans are afoot to address weaknesses in international cooperation in criminal matters and the legislative framework that “does not address all the necessary aspects”.
The justice and correctional services minister, Ronald Lamola, highlighted this in a political overview delivered last week to parliament.
The minister pointed out that a new bill has been prepared providing for the “extradition of persons sought for extraditable offences to and from South Africa to requested States with which South Africa has concluded an agreement and for the surrender of persons sought to international entities having jurisdiction in respect of international crimes (genocide, war crimes and crimes against humanity)”.
He added that the proposed legislation also seeks to “clarify the roles and responsibilities of the different functionaries and to put procedures in place to expedite extradition requests”.
It will also greatly enhance efficiency in the investigation and prosecution of cases as the “jurisprudence has and continues to be developed in this area of the law”.
The Draft Extradition Bill was published for comment in August 2022.
The draft bill aims to:
- provide for the extradition of persons accused or convicted of certain offences in the Republic of South Africa and foreign states;
- provide for the surrender of persons accused or convicted of certain crimes to international entities;
- provide for measures to ensure compliance with the international obligations of the Republic of South Africa in terms of resolutions and other international instruments and agreements; and
- provide for matters incidental thereto.
According to the draft bill’s memorandum, the proposed legislation seeks to make provision for modern extradition trends.
It also aims to ensure that the provisions of the draft bill meet the international law obligations of South Africa and are consistent with the Constitution and Constitutional Court judgments; put in place procedures and mechanisms to simplify and expedite extradition requests; ensure that the legislative framework covers all necessary practical arrangements; and clarify some of the roles and responsibilities of the functionaries involved in the extradition proceedings.
The minister emphasised that the draft bill is designed to ensure that South Africa is not a haven for criminals or said to be acting with impunity.
He confirmed that the draft bill has been processed through the relevant clusters and is to be tabled before cabinet for approval for tabling in parliament.
The minister also indicated that the parole review process is underway and it will also “look at ways to strengthen our parole granting processes to ensure that those we release are rehabilitated and abhor their previous life of crime”.
“We will work with different stakeholders, including traditional leaders, to assist us with reintegration of offenders and monitoring of our parolees”, he said.
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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)