Kouwenhoven v Minister of Police and Others (888/2020) [2021] ZASCA 119 (22 September 2021)

Flynote

Extradition Act 67 of 1962 – validity of arrest in terms of
s 5(1)(b) of the Act – whether officials gave an undertaking not to arrest
the appellant – whether any such undertaking was capable of binding the
State – whether undertaking invalidates an arrest pursuant to an otherwise
valid warrant.
Affidavit in support of application for issue of a warrant of arrest in terms
of s 5(1)(b) of Act – attested before another policeman employed in the
same bureau – Regulation 7 of Regulation governing the administering of
an oath or affirmation under the Justices of the Peace and Commissioners
of Oaths Act 16 of 1963 – whether oath properly administered.
Whether magistrate applied her mind to issue of warrant or 'rubber-
stamped' it – failure to notify the Minister of Justice of issue of warrant in
terms of s 8(1) of the Act – effect


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