EXTRADITION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Extradition (Designated Commonwealth Countries) Order

Extradition (Republic of Portugal) Order

Extradition (Republic of South Africa) Order

Extradition (The United Arab Emirates) Order

EXTRADITION (DESIGNATED COMMONWEALTH COUNTRIES) ORDER

(under section 4)

(24th October, 1997)

ARRANGEMENT OF PARAGRAPHS

    PARAGRAPH

    1.    Citation

    2.    Designation of Commonwealth countries

S.I. 93, 1997.

1.    Citation

    This Order may be cited as the Extradition (Designated Commonwealth Countries) Order.

2.    Designation of Commonwealth countries

    All Commonwealth countries are hereby declared designated countries for the purposes of the Act.

EXTRADITION (REPUBLIC OF SOUTH AFRICA) ORDER

(under section 4)

(2nd May, 1969)

ARRANGEMENT OF PARAGRAPHS

    PARAGRAPH

     1.    Citation

    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.

1.    Citation

    This Order may be cited as the Extradition (Republic of South Africa) Order.

2.    Application of Part II of the Act in the case of the Republic of South Africa

    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.

SCHEDULE
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—

ARTICLE 1
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.

ARTICLE 2
Extraditable Offences

    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.

ARTICLE 3
Political Offences

    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.

ARTICLE 4
Military Offences

    Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Treaty.

ARTICLE 5
Fiscal Offences

    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.

ARTICLE 6
Capital Punishment

    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.

ARTICLE 7
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.

ARTICLE 8
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 offence or offences.

ARTICLE 9
Lapse of Time

    Extradition shall not be granted when the person claimed has, according to the law of either the requesting or the requested Party, become immune by reason of lapse of time from prosecution or punishment for the offence for which extradition is requested.

ARTICLE 10
The Request and Supporting Documents

1.    The request shall be in writing and shall be communicated through the diplomatic channel or such other channel as may from time to time be agreed upon by the Contracting Parties.