EXTRADITION: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(under section 4)
(24th October, 1997)
ARRANGEMENT OF PARAGRAPHS
2. Designation of Commonwealth countries
S.I. 93, 1997.
This Order may be cited as the Extradition (Designated Commonwealth Countries) Order.
All Commonwealth countries are hereby declared designated countries for the purposes of the Act.
(under section 4)
(2nd May, 1969)
ARRANGEMENT OF PARAGRAPHS
2. Application of Part II of the Act in the case of the Republic of South Africa
Schedule - Extradition Treaty between the Republic of South Africa and the Republic of Botswana
S.I. 56, 1969.
This Order may be cited as the Extradition (Republic of South Africa) Order.
So long as the Extradition Treaty between the Republic of Botswana and the Republic of South Africa, in respect of which instruments of ratification were exchanged on the 8th April, 1969, and the terms of which are recited in the Schedule hereto, remains in force, Part II of the Extradition Act, shall apply in the case of the Republic of South Africa, subject to the undermentioned conditions, exceptions or qualifications-
(a) the crimes which shall be deemed to be extradition crimes for the purposes of this Order and the Act shall be such as are specified in Article 2 of the Treaty;
(b) Articles 4, 5 and 9 of the Treaty shall have effect notwithstanding anything contained in or omitted from Part II of the Act.
EXTRADITION TREATY BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF BOTSWANA
The State President of the Republic of South Africa and the President of the Republic of Botswana-
desiring to regulate by mutual agreement the relations between their two countries in the sphere of extradition of criminals;
have agreed to conclude a treaty to that effect and have for this purpose appointed as their Plenipotentiaries:
The State President of the Republic of South Africa:
Dr The Honourable Hilgard Muller
The President of the Republic of Botswana:
The Honourable Moutlakgola Palgrave Kediretswe Nwako
The Plenipotentiaries, after having exchanged their respective full powers, found to be in good and due form, have agreed as follows-
Obligations to Extradite
The Contracting Parties undertake to surrender to each other, subject to their respective laws on extradition and in accordance with the provisions and conditions laid down in this Treaty, all persons against whom the competent authorities of the requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence.
Extradition shall be granted in respect of offences which are in terms of the laws of the requesting Party subject to the jurisdiction of that Party's highest court of appeal in criminal matters, provided that they are punishable, both under the laws of the requesting Party and of the requested Party, by imprisonment for a maximum period of at least twelve months or by some more severe penalty. Where a sentence has been imposed after conviction in respect of any such offence, extradition shall be granted irrespective of the nature or period of the punishment imposed.
Extradition may be refused if the offence in respect of which it is requested is regarded by the requested Party as a political offence or as an offence connected with a political offence.
Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Treaty.
Extradition shall be granted in accordance with the provisions of this Treaty for offences in connection with taxes, duties, customs and exchange, only if the Contracting Parties have so decided by exchange of notes in respect of any such offence or category of offences.
Extradition may be refused if under the law of the requesting Party the offence for which extradition is requested is punishable by death and if the death penalty is not provided for such offence by the law of the requested Party.
Pending Proceedings for the Same Offence
The requested Party may refuse to extradite the person claimed if the competent authorities of such Party are proceeding against him in respect of the offence or offences for which extradition is requested.
Non bis in Idem
Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or to terminate proceedings in respect of the same of
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