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IX. Strengthening international cooperation in fighting crime related
problems: practical approaches
A
Introduction
151. The Republic of South Africa occupies a strategic
position in the world when it comes to international
law enforcement cooperation. It is clear that
South Africa, by virtue of its position in Southern
Africa, Africa and the whole world, is an important
player in combating trans-national crime.
152. With the hosting of the FIFA World Cup 2010,
South Africa’s contribution to international law
enforcement cooperation will move from strength
to strength based on lessons to be learnt from
the event and its interaction with, inter alia, former
hosting states, international law enforcement
agencies and other international bodies.
153. South Africa, being a signatory to the United Nations
Convention Against Trans-national Organized
Crime and its three protocols, and because it
has incorporated the Rome Statute of the International
Criminal Court into its domestic law by
means of the Implementation of the Rome Statute
of the International Criminal Court Act, 2002 (Act
No. 27 of 2002), is in a position to comply with its
obligations in respect of international cooperation.
Furthermore, with its membership to Interpol,
the Southern African Regional Police Chiefs
Cooperation Organization (SARPCCO), and its
formal police-to-police cooperation agreements,
South Africa is able to comply with the majority of
requests for international cooperation.
B. Mutual legal assistance
154. The Director-General of the Department of Justice
and Constitutional Development is the central
authority for all matters pertaining to mutual
legal assistance and extradition within South
Africa. Requests for mutual legal assistance must
therefore be directed to the Office of the Director-
General in the Department of Justice and Constitutional
Development for processing according to
the relevant provisions in the International Cooperation
in Criminal Matters Act, 1996 (Act No. 75
of 1996) (ICCMA) or the relevant treaty or convention
concerned.
155. With respect to mutual legal assistance, South
Africa adopts a flexible approach in dealing with
requests, and is able to render a wide range of
mutual legal assistance under the ICCMA. South
Africa is able to render assistance regardless of
a treaty or agreement (although South Africa has
a number of agreements in place). There is also
no requirement for dual criminality, or where the
request is to obtain evidence, there is no requirement
that judicial proceedings should have been
instituted before assistance can be rendered.
156. Assistance is generally provided on the basis of
an assurance of reciprocity, but this principle is
not interpreted in an overly strict manner. Neither
the ICCMA nor the treaties impose restrictions
against requests relating to fiscal matters.
157. The ICCMA specifically provides that the following
forms of assistance may be rendered by South
Africa:
• requests for assistance in obtaining evidence
(including production orders)
• requests for assistance in compelling the
attendance of a witness in certain foreign
states
• requests for the execution of a foreign sentence
(fines only)
• requests for the enforcement of foreign restraint
and confiscation orders.
158. Assistance is not restricted to that specified in
the ICCMA. Additional assistance, not inconsistent
with the Constitution, can be rendered in
terms of the ICCMA and includes:
• locating or identifying persons
• service of documents, including seeking the
attendance of persons
• locating or providing documents, records
and articles, including lending of exhibits
• taking of statements or testimony of persons
• making detained persons available to give
evidence or assist in investigations
• facilitating the appearance of witnesses or
the assistance of persons in investigations
• search and seizure.
159. In addition to the ICCMA, South Africa is able
to render assistance on the basis of bi-lateral
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