OMAR ON THE EXTRADITION AMENDMENT ACT, 1996

Issued by: Ministry of Justice

I hereby announce that I have recommended to President Mandela that the Extradition Amendment Act, 1996 (Act No 77 of 1996) (the Amendment Act) be put into operation with effect from 17 January 1997.

The purpose of the said Amendment Act is to amend the Extradition Act, 1962 (Act No 67 of 1962) to:

• add certain definitions to provide for the designation of States to which extradition may be effected in the absence of formal agreements;
• make it possible to surrender a person to a designated State in the absence of an extradition treaty and without the consent of the President as well as to provide for the issuing of warrants of arrest of persons and for further detention;
• grant to the Minister certain powers after a warrant has been issued;
• make further arrangements in connection with the evidence that may be received by a magistrate at the enquiry of a detained person;
• further regulate the holding of enquiries concerning offences committed in foreign and associated States;
• grant to the Minister the power to refuse extradition under certain circumstances;
• a further regulate the procedure regarding an appeal by a person against whom an order for extradition has been issued; and
• to provide for matters connected therewith.

The Extradition Amendment Act, 1996, emanates from the Law Commission's report on International Co-operation in Criminal Prosecutions. The Commonwealth Scheme for the Rendition of Fugitive Offenders is a policy guideline to regulate extradition relations between members of the Commonwealth. The implementation of the guidelines requires that members of the Commonwealth should bring their domestic legislation into line with the Scheme, bringing about uniformity of legislation between member states, which then forms the basis for extradition relations between them without the existence of extradition treaties. With South Africa's return to the Commonwealth, this Act, amongst others, brings the Extradition Act, 1962, into line with the Scheme.

As soon as the Amendment Act has been put into operation, a copy of the Extradition Act, as amended, will be forwarded under a letter to the Commonwealth Secretariat in London for certification that the Act complies with the guidelines contained in the Commonwealth Scheme for the Rendition of Fugitive Offenders. If the Secretariat is satisfied with the said legislation, South Africa will be included in the list of countries that complies with the Scheme and which is circulated to all Commonwealth Jurisdictions.

This Act, together with the International Co-operation in Criminal Matters Act, 1996 and the Proceeds of Crime Act, 1996, strengthens the Government's hand in dealing with organised crime. The Extradition amendment legislation in particular, is a further step towards combating the world-wide problems related to money laundering, drug-trafficking and corruption and will enable South Africa to play a meaningful role in the fight against these social evils. It will furthermore promote co-operation in this regard with the rest of the world's nations and our African neighbours in particular.

ISSUED BY THE CHIEF LIAISON OFFICER OF THE DEPARTMENT OF JUSTICE ON BEHALF OF THE MINISTER OF JUSTICE

16 January 1997 PRETORIA

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