Extradition law challenges threaten high-profile cases in South Africa says NPA

THE National Prosecuting Authority (NPA) has raised the alarm over the issue of authorisation for extradition requests arguing that a 2024 judgment on this matter may see dozens of criminal suspects and even convicted persons using the ruling to contest their extraditions.

- MERCURY CORRESPONDENT

In fact the NPA has said in court papers before the Constitutional Court that several challenges have already been brought by those seeking to use the ruling to set aside their extraditions.

In the 2024 case involving Johnathan Schultz, the Supreme Court of Appeal heard a matter where Schultz argued that the NPA does not have authority to request an extradition. The SCA ruled in his favour and ordered that only the Minister of Justice had the power to request extraditions under the Extraditions Act and not the NPA. It further ruled that its ruling would apply with full retrospective effect.

The NPA's challenge in the Schultz matter will be argued next month in the Concourt. In its court papers, the NPA states that it is not contesting the merits of the SCA's judgment.