Issued by: Government Communications (GCIS)
PRESS STATEMENT BY THE MINISTER OF JUSTICE, DULLAH OMAR, WITH REGARD TO AMNESTY APPLICATIONS FOR CRIMES COMMITTED OUTSIDE SOUTH AFRICA
The Minister has noted the recent media reports on the TRC hearings into "cross border" raids and the disclosures made by certain former police generals.
The Minister wishes to point out that neither the TRC nor General Johann Coetzee who is specifically mentioned has asked government for assurances that security force members will not be extradited to countries in respect of "cross border" operations during the apartheid years and for which they have applied amnesty in South Africa.
The Minister was approached by General Viljoen, of the Freedom Front and recently by two firms of attorneys who wanted an assurance that there will be no extradition. South Africa will not simply extradite a person on mere request. The law requires that there should be a proper application, the charges should be specified, an appropriate authority should certify that sufficient evidence exists to warrant a prosecution and a warrant for the arrest of the person should also be in proper form.
An application for extradition will therefore be considered if the requirements of the law are met. Each case will be treated on its merits.
Minister Omar has no doubt that requesting state will in their consideration of any matter take cognisance of South Africa's reconciliation process.
Our act provides for extradition of offenders to three categories of countries:
1. Where there exists an extradition agreement between the Republic of South Africa and the requesting state.
2. Where no extradition agreement exists, but the President has consented to the surrender of a person.
3. Or where the requesting country is a designated State in terms of section 3(3) of the Act.
The Act also empowers the President of the Republic of South Africa to consent in writing that a person may be extradited in the absence of an extradition agreement.
The reality is that South Africa can grant amnesty for crimes committed in South Africa, but has no legal power or right to grant amnesty in connection with crimes committed in other jurisdictions. Each application for extradition will as indicated be treated on its own merits.
ISSUED ON BEHALF OF MINISTER OMAR BY: PAUL SETSETSE CAPE TOWN 09 SEPTEMBER 1998 CELL 0832524770