Question NW2856 to the Minister of Justice and Correctional Services
31 December 2020 - NW2856
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
What (a) total number of extradition requests are currently pending and/or under review and (b) are the details of the (i) number of cases, (ii) time it has taken thus far and (iii) progress made for each case under review; (2) what (a) is the total number of extraditions and mutual legal assistance treaties that have been negotiated but not yet signed and/or ratified as at the latest specified date for which information is available and (b) are the details of the progress of the specified treaties and projected timeline of their completion?
Reply:
1. The table below provides details on the number of incoming extradition requests are currently pending and/or under review, as well as the details on the number of cases, time it has taken thus far and progress made for each case under review
|
(1) (a) |
53 |
|
|
(b) (i) |
Details of cases |
|
|
Nature of offence |
Number of cases |
|
|
Murder |
15 |
|
|
Attempted Murder |
3 |
|
|
Culpable homicide |
3 |
|
|
Assault |
3 |
|
|
Rape / attempted rape |
2 |
|
|
Robbery /armed robbery |
6 |
|
|
Fraud |
8 |
|
|
Drug related offences |
4 |
|
|
Hunting without permit |
2 |
|
|
Money laundering |
5 |
|
|
Corruption |
3 |
|
|
Terrorist activities |
1 |
|
|
Assault |
1 |
|
|
Theft |
17 |
|
|
Housebreaking |
1 |
|
|
Escape from lawful custody |
1 |
|
|
Sexual exploiting/neglect of children |
2 |
|
|
War crimes |
1 |
|
|
Total |
74 |
N.B. Seven (7) countries reported more than one (1) criminal case per extradition request, which explains the total number of 74 cases versus the total number of 53 extradition requests.
|
(b) (ii) |
Cases received from 2012 to 2017 |
29 |
|
Cases received from 2018 to date |
24 |
|
|
Total |
53 |
|
|
(iii) |
Progress on cases |
|
|
Interpol |
5 |
|
|
Section 5 notifications served/submitted to Minister |
15 |
|
|
Extraditions to be served after sentence |
2 |
|
|
Requests incomplete and returned |
9 |
|
|
Cases before court |
7 |
|
|
Outgoing requests sent but no response received |
15 |
|
|
Total |
53 |
2. The total number of extraditions and mutual legal assistance treaties that have been negotiated but not yet signed and/or ratified as at the latest specified date for which information is available and (b) are the details of the progress of the specified treaties and projected timeline of their completion?
|
(a) |
Treaties negotiated but not yet signed |
9 |
|
|
(b) |
Country |
Progress |
Projected Timeline |
|
|
CUBA (Extradition and MLA) |
Await comments from the Cuban authorities |
Possible entry into force during the fourth quarter of 2021 |
|
BELARUS (Extradition and MLA) |
Presidential Minute for signing issued Belarus to indicate whether they are ready to sign |
Possible entry into force during the third quarter of 2021 |
|
|
VIET NAM (Extradition and MLA) |
Minor amendments to be effected on request of Viet Nam |
Possible entry into force during the fourth quarter of 2021 |
|
|
PAKISTAN (Extradition) |
Treaty negotiated during 2014 |
Pakistan yet to confirm that they will provide death penalty undertakings |
|
|
ETHIOPIA (Extradition and MLA) |
Treaty negotiated during 2015 |
Ethiopia still to accept South Africa’s proposal regarding terrorism |
|
|
UNITED KINGDOM (MLA) |
Presidential Minute already issued UK to indicate whether they are ready to sign |
Possible entry into force during the third quarter of 2021 |
|
|
MOZAMBIQUE (Extradition) |
Treaty negotiated during 2017 OCSLA (DIRCO) requested certain amendments to comply with Article 19 of the SADC Protocol on Extradition |
Possible entry into force during the fourth quarter of 2021 |
|
|
BRAZIL (MLA) |
A new Presidential Minute requested Brazilian Ambassador in Pretoria has been authorized to sign on behalf of the Brazilian Government |
Possible entry into force during the third quarter of 2021 |
|
|
BOTSWANA (Extradition and MLA) |
South Africa is ready to sign await Botswana’s approval to sign |
During February 2020, the office of the Director of Public Prosecutions indicated that they are still waiting for Cabinet to approve that the Amendment Treaty be signed. |
END