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- Is commenced by Extradition Amendment Act, 1996: Commencement
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History of this document
17 January 1997
Commenced by
Extradition Amendment Act, 1996: Commencement
20 November 1996 this version
06 November 1996
Assented to
Cited documents 0
Documents citing this one 5
Gazette
3Judgment
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Reported
The State may not extradite or deport a person to a retentionist State without assurance against the death penalty.
• Constitutional law — extradition/deportation to retentionist States — State obligation under section 7(2) to respect, protect, promote and fulfil rights — prohibition on removal where real risk of imposition/execution of death penalty without assurance.
• Application of Mohamed — principle applies equally to deportation and to illegal foreigners.
• Extradition law — Extradition Act s11(b)(iii) and SADC Extradition Protocol permit refusal and domestic prosecution; obligations must be read consistently with the Constitution.
• Immigration Act — duty to deport must yield to constitutional protections against capital punishment.
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Reported
Presidential consent under the Extradition Act is a domestic act, not an international agreement, and is constitutionally valid.
Extradition law — presidential consent under s3(2) of Extradition Act is a domestic act triggering domestic procedures, not an international agreement; s231 Constitution (Parliamentary approval of treaties) inapplicable; Vienna Convention/estoppel claim rejected.
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