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

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

The enforcement of terms of lease agreements leading to their termination was not contrary to public policy as being unconscionable in the particular circumstances of the case.

Enquiry in terms of s 10 of the Extradition Act 67 of 1962 –
powers of magistrate – whether magistrate entitled to consider extraneous
factors – Minister’s powers in terms of s 11 of the Extradition Act.