Kouwenhoven v DPP (Western Cape) and Others (288/2021) [2021] ZASCA 120 (22 September 2021)

Section 10(1) of the Extradition Act 67 of 1962 – discharge
of person whose extradition is requested on question of law – appealable
in terms of s 310(1) of the Criminal Procedure Act 51 of 1977. Procedure
for preparing stated case in terms of s 310(1) – questions of law to be
determined by Director of Public Prosecutions – magistrate to prepare
stated case in relation to those questions – magistrate to state factual
findings on which questions were answered – person discharged not
entitled to notice that the DPP has requested the magistrate to state a case
– not entitled to make representations in relation to the terms of the stated
case.
Section 3(1) of Extradition Act – meaning of expression 'committed
within the jurisdiction' – not confined to territorial jurisdiction of court of
requesting state – refers to the power of the court in the requesting state to
conduct criminal trial in relation to person whose extradition was
requested and determine their guilt or innocence – extradition permissible
where all criminal acts were committed outside the territorial jurisdiction
of the requesting state's courts