check plagarism

1. 1.Introduction
The next task will critically examine how the extradition procedure functions in South
Africa. State capture, a type of systematic political and exploitative corruption in which
private interests ominously alter a state's decision-making methods to their own profit,
had a significant impact on South Africa. A person accused of committing a crime in
another jurisdiction is delivered by one country through the extradition process. The
extradition procedure in South Africa is governed by the Extradition Act. Existing
agreements were upheld, but due to the country's political seclusion on the international
stage, there was no meaningful extension of extradition agreements. The democratic era
put an end to this, and in 1996 South Africa joined the commonwealth programs for
extraditing wanted criminals. Since then, more extradition agreements have been signed,
and South Africa is now able to fulfil its extradition-related international obligations.
2.Definition of concepts
2.1Jurisdiction: The legal word for the power given to a legal institution to administer
justice.
2.2Democracy: A democracy is a system of government in which the populace has the
power to decide laws and elect representatives to carry it out.
2.3Extradition: Refers to the surrender of a person who is wanted by the requesting State
for extradition-eligible crimes or for the imposition or execution of a punishment related to
those crimes.
2.4International law: The body of laws known as international law is usually accepted to
be binding between states.
2.5State: Is a type of centralized political entity that establishes and upholds laws over a
population within a given region.
2.6Law enforcement: Is the practice of some members of the government acting in a
planned manner to uphold the law by identifying, discouraging, treating, or punishing
those who disobey the laws and social standards that govern that society.

2. 3.Historical background of extradition
In October 2012, British Home Secretary Theresa May announced that computer hacker
Gary McKinnon would not be extradited to the USA. Computer hacker Gary McKinnon
would not be extradited to the USA, according to Theresa May, the British Home
Secretary, who made the announcement in October 2012. Ten years of conflict came to
an end with that. Some observers claimed that the extradition request should never have
been issued in the first place and that it serves yet another example of how unfairly the
Anglo-American extradition pact is applied. In 2002, Asperger's syndrome sufferer
McKinnon allegedly broke into secure US government files to learn more about UFOs.
The USA wanted him turned over because they believed he was a terrorist.
Extradition is the legal procedure by which one nation delivers a wanted person to another
where they have been charged with or found guilty of a crime. Its conception dates to the
Chinese and Ancient Egyptian cultures. Following an abortive Hittite invasion of Egypt,
Ramses II and Hattusili II of the Hittites negotiated a peace treaty that included an
extradition clause. I can't believe this text is still around. The first official extradition
clauses were made by an English ruler in the Treaty of Falaise, which was signed in 1174
A.D. A reciprocal extradition arrangement between the Scots and the English was
outlined in the contract between Henry II and William of Scotland.
When Irish nobleman and rebel Brian O'Rourke escaped to Scotland in 1591, it was one
of the first and most infamous cases of extradition in British history. Queen Elizabeth, the
ruler at the time, commanded that O'Rourke be moved from Scotland to England. She
obtained O'Rourke's custody using the Berwick Treaty of 1586. On November 3rd, 1591,
he was put to death at Ty Burn after being taken to the Tower of London. Although it was
a unique circumstance and a significant precedent, what about Anglo-American
extradition agreements.
The Jay Treaty of 1794 has a provision that constitutes the first Anglo-American
extradition pact. Even though it was a modest and short-lived piece of legislation, it set
forth several crucial tenets that still serve to guide Anglo-American extradition policy
today. It made sure extradition was governed by the law, not by foreign policy, and that it
was impartial (i.e., the only crimes listed were murder and forgery). After over 40 years,
the UK Home Office claims to have discovered the first-ever example of a modern
extradition arrangement.
4.International right of Extradition
Human rights impact on extradition. Most states, including South Africa, are party to
international human rights conventions. Some extradition agreements provide for the
application of human rights norms, but even those extradition agreements that do not
provide for such application may refuse extradition on the grounds of human rights. The

3. two principle human rights norms in many extradition treaties provide for the non-
imposition of the death penalty and non-discrimination.
It is important that the extradited person have a fair trial. The South African domestic
extradition law provides that a person will not be extradited if the extradited person will
be prejudiced at his or her trial in the requesting state by reason of his or her gender,
race, religion nationality or political opinion. The South African legislature is increasingly
providing for extraterritorial jurisdiction of South African courts in respect of organised
crime and terrorism. It does, however, appear that existing criminal justice responses are
experiencing challenges to meet the demands of sophisticated international criminal
conduct.
Mutual legal assistance and extradition provisions may show that the world is becoming
smaller for fugitives and criminals, but the processes are far from expeditious and
seamless. An overview of the South African law pertaining to mutual legal assistance and
extradition indicates that the South African legislative framework and policies as well as
international treaties make sufficient provision to render international assistance in
respect of mutual legal assistance and extradition.
The role of the courts in upholding the rule of law in the extradition cases referred to and
protecting the constitutionally enshrined Bill of Rights is indicative of the important
function that the judiciary fulfils in this regard. It is important that extradition is seen not
only as the function of the executive, as it also involves the judiciary.
Extradition requests may therefore result in the requesting country's legal system being
scrutinised by the requested country. Although 17 years is a short time in a country's
history, it appears that South Africa has displayed the necessary commitment to
normalising its international position since 1994, and to fulfilling its obligations in a
globalised world by reaching across borders to address international criminal conduct. To
what extent this will contribute to addressing the international phenomenon of organised
crime remains to be seen.
5.The Extradition Amendment Act 77 of 1996 intends:
to amend the Extradition Act, 1962, so as
 to add certain definitions and to amend a definition.
 to provide for the designation of States to which extradition may be affected in the
absence of formal agreements
 to provide for the designation of States to which extradition may be affected in the
absence of formal agreements.
 to provide for the designation of States to which extradition may be affected in the
absence of formal agreements.
 to provide for the designation of States to which extradition may be affected in the
absence of formal agreements.

4.  to further provide in respect of persons liable to be extradited.
Extradition is an action wherein one jurisdiction delivers a person accused or convicted
of committing a crime in another jurisdiction, over to the other's law enforcement. It is a
cooperative law enforcement procedure between the two jurisdictions and depends on
the arrangements made between them. In addition to legal aspects of the process,
extradition also involves the physical transfer of custody of the person being extradited to
the legal authority of the requesting jurisdiction.
6.Rationale of extradition
When someone accused of a crime under state law escapes the state, extradition
becomes necessary. It depends on the agreements reached between the two jurisdictions
and is a cooperative law enforcement operation. It entails the actual handing over of the
subject of the extradition to the appropriate authorities within the requesting nation.
Treaties typically govern extradition.
The South African domestic extradition law provides that a person will not be extradited
if the extradited person will be prejudiced at his or her trail in the requesting state by
reason of his or her gender, race, religion, nationality, or a political opinion. According to
the principle of a speciality the extradited person may not be tried for an offence of other
than the crime for which he was extradited.
Laws both local and abroad govern the extradition process. International law as it is now
practiced does not impose a general obligation on states to turn over criminals. The
offense for which extradition is feasible and the situations in which extradition may be
refused are determined by the extradition agreement between the seeking state and the
requesting state.
Legislation in each country specifies the steps to be taken in extradition proceedings as
well as some of the situations where extradition may be refused. The requesting state
can only provide the person they've asked for once there's been other types of extradition
treaties include list and dual criminality treaties, as well as the list treaty, which includes
a list of offenses for which a suspect will be extradited.
Dual criminality accords normally allow extradition of a criminal suspect if the sentence is
longer than a year in both countries.
An extradition agreement serves as a deterrence to ensure that crime is eliminated from
society and that no criminal escapes prosecution in accordance with the domestic laws
of the requested state and an extradition agreement between the requesting and
requesting states.
As indicated, an extradition agreement has an international and domestic component,
and both components must be satisfied before effect may be given to the international

5. treaty. Requests to South Africa are made by either, associated states which are
neighbouring states in Africa, which have concluded extradition agreements with South
Africa or by foreign states.
.7The Extradition process in south Africa
The Gupta brothers, who are sought for allegedly organizing the theft of billions of dollars
from government entities, were requested by South Africa from the United Arab Emirates
on Monday. Ronald Lamola, the justice minister, informed reporters on Monday in
Pretoria, the country's capital, that the National Director of Public Prosecutions had
requested the Gupta brothers' extradition from the United Arab Emirates to the Republic
of South Africa so they could face fraud and money laundering charges. We can certify
that the extradition request has been properly submitted to the central authorities of the
UAE.
Early in June, the United Arab Emirates detained Rajesh and Atul Gupta. They were
taken into custody after Interpol, the international criminal police organization, added
them to its most-wanted list in February on suspicion of money laundering and fraud.
Sharmila Batho, the national director of public prosecutions, stated during a Monday
briefing that the formal application for extradition has to be submitted by August 2.
The brothers and former President Jacob Zuma had tight ties, according to a judicial
investigation into state corruption that lasted more than three years. They allegedly
collaborated to steal money from South Africa's state-owned power, transportation, and
defence firms and decided who would be nominated to the cabinet, according to
witnesses. Both the Guptas and Zuma have denied wrongdoing.
The National Prosecuting Authority has committed to holding those responsible for state
capture accountable and upholding the rule of law, and the submission of the extradition
request is a significant step in that direction, according to Batho. The Gupta brothers will
be brought to justice in South Africa, and the NPA will continue to work with and support
its counterparts in the UAE to make sure of that, she said, even though the procedure
could take several months.
8.Procedure of extradition
8.1DOUBLE CRIMINALITY
In an extradition process, one sovereign jurisdiction typically makes a formal request to
another sovereign jurisdiction (the requested state). If the fugitive is found within the
territory of the requested state, then the requested state may arrest the fugitive and
subject him or her to its extradition process.
The extradition procedure to which the fugitive will be subjected are dependent on the
law and practice of the requested state.

6. Although it has been suggested that it should be an extraditable crime at the time of
request, South Africa's domestic extradition law does not specify whether the extraditable
crime should have been a crime in South Africa at the time of the extradition request or
at the time the alleged offence was committed. The latter proposal aims to avoid a
situation like the one that occurred in the Pinochet Case, where extradition was denied
because the behaviour for which extradition was requested was not illegal in the UK at
the time it was committed.
8.2Principle of speciality
The extradited person may not be tried for a crime different than the one for which he was
extradited, according to the principle of specialization. Extradition agreements frequently
include language like this. This idea is also included in South Africa's domestic extradition
legislation.
The extradited person may not be tried for a crime different than the one for which he was
extradited, according to the principle of specialization. Extradition agreements frequently
include language like this. This idea is also included in South Africa's domestic extradition
legislation.
The appellant succeeded in the court a quo in respect of counts 3 and 4. On appeal
against the finding that he had to stand trial on count 1 and 2, the Supreme Court Appeal
found that the US was advised that the appellant was sought in respect of the offences
of theft of money as stated in the application for provisional arrest. No indication was
given that the appellant was being sought in respect of misrepresentation having been
made by him.

7. 9.Conclusion