Prosecuting International Crimes in Africa - PULP - University of ...

Implementation of the Rome Statute in South Africa 319
additional requirements, such as, whether the court must inquire if there is
evidence to justify his trial for the offence he is alleged to have committed
although it is submitted that information required for the original warrant
of arrest would provide the material supporting the request for surrender. 50
Section 10(8)(b) provides that any person against whom an order of
committal to prison has been made has a right of appeal to a High Court,
which must be exercised within seven days after the date of the order. The
appeal must deal exclusively with the requirements set out in section
10(1)(a) to (c).
4.3 Extradition
The Extradition Act 67 of 1962 regulates the extradition of a person from
South Africa to a foreign state. Once a request for extradition has been
received, discretion is conferred on the Minister of Justice to determine
whether the extradition should proceed. If extradition is deemed
appropriate, a hearing is held before a magistrate. The Magistrate’s Court
is responsible only for establishing whether the person is extraditable and
not the issue in respect of which extradition is being sought. In the event
that a magistrate rejects the application for an extradition order, there is no
right of appeal and the matter is closed. However, if a magistrate approves
of an extradition order being granted, the executive branch of government
(with the Minister of Justice being the only authority with the power to
fulfil this role) is required to decide whether an extradition order should be
made. 51
5 Co-operation with the ICC and assistance in
terms of article 93 of the Rome Statute
The Rome Statute requires state parties to assist the ICC by co-operating
in relation to investigations and prosecutions. Such assistance is subject to
the domestic law of the Republic and the Statute. Section 14 of the ICC Act
is modelled on article 93 of the Rome Statute and provides for the areas of
co-operation, 52 being:
(a) the identification and whereabouts of persons or the location of items;
(b) the taking of evidence, including testimony under oath, and the
production of evidence, including expert opinions and reports necessary to
the Court;
(c) the questioning of any person being investigated or prosecuted; 53
50 Du Plessis (n 7 above) 468.
51 Katz (n 4 above) 28.
52 Du Plessis (n 1 above) 203.