- Flynote
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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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Cited documents 6
Judgment 6
- Buthelezi and Another v Minister of Home Affairs and Others (242/2012) [2012] ZASCA 174 (29 November 2012)
- De Klerk v Minister of Police [2019] ZACC 32 (22 August 2019)
- Kouwenhoven v DPP (Western Cape) and Others (288/2021) [2021] ZASCA 120 (22 September 2021)
- National Director of Public Prosecutions v Zuma (573/2008) [2009] ZASCA 1 (12 January 2009)
- Pheko and Others v Ekurhuleni Metropolitan Municipality [2011] ZACC 34 (6 December 2011)
- Smit v Minister of Justice and Correctional Services and Others [2020] ZACC 29 (18 December 2020)
Documents citing this one 3
Judgment 3
- Director of Public Prosecutions, Western Cape v Magistrate at Cape Town, Dr V P Mhlanga NO and Another; Tucker v Director of Public Prosecutions, Western Cape (19434/17; A37/18) [2022] ZAWCHC 136 (16 September 2022)
- Kouwenhoven v DPP (Western Cape) and Others (288/2021) [2021] ZASCA 120 (22 September 2021)
- Standard Bank of South Africa Ltd v Makaula and Another (46054/2018) [2023] ZAGPJHC 519 (19 May 2023)