Criminal Law

Extradition

Extradition is the formal process by which a country surrenders a person accused or convicted of a crime in another country to that country for trial or punishment.

Legal Definition

Governed by the Extradition Act 67 of 1962. South Africa can extradite persons to countries with which it has extradition treaties or bilateral agreements. Extradition requires a court process — a person cannot be surrendered without a magistrates' court extradition inquiry.

📖 Constitutional / Statutory Basis: Section 35, Constitution of the Republic of South Africa, 1996; Extradition Act 67 of 1962

Practical Example

A person who defrauded investors in the US is living in South Africa. The US requests extradition. A magistrate holds an inquiry; if the offense is extraditable and the paperwork is in order, the Minister of Justice may approve surrender.

Frequently Asked Questions

Can South Africa refuse to extradite a citizen?

Yes. South Africa can refuse to extradite its own citizens; instead it may prosecute them domestically.

Can extradition be challenged?

Yes. The person can challenge the inquiry and seek review in the High Court, including on constitutional grounds such as risk of torture or unfair trial.

What offences are extraditable?

Generally, offences that are crimes in both South Africa and the requesting country (double criminality), typically carrying a minimum sentence of 12 months.

Related Terms

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