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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

Hon. Judge President RD Hendricks
Hon. Deputy Judge President Djaje
Hon. Judge Petersen
Hon. Judge Reid
Hon. Judge Mfenyana
Hon. Judge Reddy

1 judgment

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1 judgment

Citation	Judgment date
May 2011
S v Shoniwa and Others (CA 41/2010) [2011] ZANWHC 1 (27 May 2011) Botswana is a foreign state; s10 enquiry was correct and constitutional fair-trial objections fall to the Minister under s11. Extradition – Extradition Act 67 of 1962 – distinction between "foreign state" (s10) and "associated state" (s12) – definition of associated state (s6) – magistrate's limited function in s10 enquiry (liability and sufficiency of evidence) – s10(2) certificate accepted as conclusive proof – constitutional/fair-trial complaints (e.g. lack of state-funded counsel) to be considered by Minister under s11 – authentication and treaty compliance required.	27 May 2011

Citation

Judgment date

May 2011

S v Shoniwa and Others (CA 41/2010) [2011] ZANWHC 1 (27 May 2011)

Botswana is a foreign state; s10 enquiry was correct and constitutional fair-trial objections fall to the Minister under s11.

Extradition – Extradition Act 67 of 1962 – distinction between "foreign state" (s10) and "associated state" (s12) – definition of associated state (s6) – magistrate's limited function in s10 enquiry (liability and sufficiency of evidence) – s10(2) certificate accepted as conclusive proof – constitutional/fair-trial complaints (e.g. lack of state-funded counsel) to be considered by Minister under s11 – authentication and treaty compliance required.

27 May 2011